Articles Posted in Law News

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Article by: James Novak, Phoenix DUI and Criminal Defense Attorney December 13, 2010
Arizona cities including Phoenix AZ, and Tempe, AZ have already begun passing their ordinances for Dispensary Zoning to regulate the requirements involving medical marijuana dispensaries.

These efforts are being made in compliance with the new Arizona Medical Marijuana Law. According to the law, in order to become a legal and licensed dispensary, the grower or infuser (injection into food) of medical marijuana, the dispensary applicant must comply with the zoning standards of the particular city municipality, or town for which the dispensary will be located.

The ADHS is expected to begin accepting ADHS applications for dispensary licenses next April 2011.

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Article by: James Novak, Phoenix DUI and Criminal Defense Attorney
The Arizona Department of Health Services issued an announcement on Friday December 10, 2010 that they are on track for implementation of the AZ Medical Marijuana Act. According to Will Humble, ADHS Director, an informal draft of the Administrative Code will be released Friday, December 17, 2010.

Below are some additional key developments announced by ADHS Director:
• Key elements of the implementation are being coordinated with the Rules Team.
• Internal rule indexing is in progress.
• The Medical Officers team will be reviewing the draft rules next Wednesday, December 15, 2010.
• The ADHS Director will then review the Medical Officers recommendations and complete the informal draft Rule.
• Work is in progress for the qualified patient and caregiver electronic applications.
• On Friday December 17, 2010 the new website will be posted and include Question and Answers for the general public to view.
• An electronic tool will be available to solicit comments from the public from December 17, 2010 through January 7, 2011.
• A media press release will be issued Friday December 17, 2010 with information on the status.

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Breaking News Article by: James Novak, Arizona DUI & Criminal Defense Attorney
According to a press release by The United States Drug Enforcement Administration
(DEA), officials, are using their emergency authority to temporarily control using, possessing, or selling any of five main chemicals used to make synthetic Marijuana (fake pot). This move has been made by the DEA as a move to study whether or not to permanently control or ban these substances.

An amendment to the Comprehensive Crime Control Act of 1984 to the Controlled Substances Act, gives the DEA authority to emergency schedule an “abused, harmful, non-medical substance in order to avoid imminent public health crisis while the formal rule-making procedures described in the CSA are being conducted.”

The chemicals include JWH-018, JWH-073, JWH-200, CP-47,497, and cannabicyclohexanol. Smokable herbal blends which have, in the past been advertised as being “legal” in the past, which is not the case. Complaints reported indicate that these substances mimic the effects of smoking actual marijuana and its’ active ingredient THC. Such plant materials coated with these chemicals and substances have not been approved by the Food and Drug Administration (FDA) as being safe for human consumption, and are not legal. Further, there is no legal governing oversight n the manufacturing process, sales, or distribution. Brands marketed as “incense” intended to hide their real use of fake pot or synthetic marijuana include but are not limited to the popular labels such as “Spice,” “K2,” “Blaze,” and “Red X Dawn”.

A “Notice of Intent to Temporarily Control” by the DEA was published in the Federal Register on November 24, 2010, to make the public aware of their action. Within 30 days, DEA will then publish a “Final Rule to Temporarily Control these chemicals for at least 12 months with the possibility of a six-month extension in the Federal Register. They will be designated as Schedule I substances. Schedule I substances are the most restrictive category. This category is designated for unsafe, highly abused substances with no medical usage.

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News Article by: James Novak, Arizona DUI & Criminal Defense Attorney
You have heard by now that after the last vote was counted Arizona voters said “yes” to Prop 203, The Arizona Medical Marijuana Act, joining 14 other states in the USA. The measure approves legalizing medical marijuana (pot, weed, cannabis). Here’s brief summation of the answer to the question on everyone’s mind is “What’s next?” regarding certification of the votes; when the law takes effect; how it will be implemented; who will be eligible to obtain it; how it is dispensed; where it can be purchased. Below is what has been reported by several local Arizona News Agencies:

1) Certification of the Votes – The votes will be canvassed (certified for authenticity) by
November 29, 2010.

2) The Arizona Department of Health Services has 120 days, or April 29, 2011 from that day to finalize all rules for implementation.

3) Then the Arizona Department of Health Services is expected to begin reviewing dispensary information as well as qualification of patient applications by April 2011.

4) To apply and qualify, patients must get a recommendation from their licensed physician and register with the Arizona Department of Health Services. The State Health Department will issue certified ID cards to those who qualify to purchase the medical marijuana.

5)The measure allows patients with serious or terminal medical conditions or diseases, including, but not limited to those suffering from cancer, HIV/AIDS, Hepatitis C, and other chronic, debilitating, or disabling diseases such as glaucoma, and Alzheimer’s Disease that meet approved guidelines. This means Patients who gain certification to use medical marijuana will not be arrested or prosecuted for legally obtaining and using it.

6) The measure allows those qualified to purchase 2 1/2 ounces of marijuana every two weeks. Or if they live at least 25 miles from a legal dispensary they can grow a legal amount cultivate up to 12 plants if they live 25 miles or more from a legal dispensary
the marijuana plants for their personal use.

7) The law allows a maximum of 124 dispensaries operated by non-profit organization when the law takes effect to begin with, which is proportionate to the number of pharmacies within the state.

Websites and other resources will be made available in the near future by government nonprofit and private agencies which will provide further information about Dispensaries for which the Marijuana can be purchased in the near future.

Also, users should be aware that Marijuana has not been approved by the Food and Drug Administration (FDA) for medical use. Therefore the risks of the decision to use the medical marijuana and to prescribe will be a matter between the qualified user and their physicians.

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By: James Novak, Maricopa County DUI & Criminal Defense Attorney

Maricopa county has 37, 590 outstanding felony warrants for arrest according to local news sources. The Fugitive Apprehension Unit is going to residential and business locations trying to find convicts who have violated the terms of their probation releases.

The Unit is at least partially funded by border-security grants from the Federal Recovery Act to target alleged drug offenders. This year Maricopa County added add five more officers for a total of 19 to work in the specialized unit.

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News Article By: James Novak, Arizona DUI & Criminal Defense Attorney
Arizona Fox News reported on Wednesday, November 10, 2010 that lawmakers have advised that serious consideration is being made by legislators to reduce criminal and DUI sentencing as one effort to save Arizona money, and reduce Arizona budget deficits. The cost to house just one prisoner annually is between $20,000.00 and $30, 000.00. The Arizona prison population continues to grow and they are looking for a way to reduce and slow prison population and costs.

At least one legislator expressed an opinion shared by many, that the Arizona incarceration facilities and prisons are filled with people that really do not need to be there. One Arizona representative was quoted as saying “Some people need to be locked up to protect the public, some don’t need to be locked up”.

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By: James Novak, Mesa DUI & Criminal Defense Attorney
Mesa Police made a 40 arrests from more that 500 outstanding domestic violence charge outstanding warrants, following a 3 day task force effort in October 2010. According to Mesa Police and Mesa news sources over 20 police agencies statewide participated in targeting those with outstanding domestic violence related arrest warrants as part of Domestic Violence Awareness Month declared to be October 2010.

According to police that when they alleged offenders were found and arrested, many were found with illegal drugs, drug paraphernalia, illegal automatic weapons, or other law violations resulting in new and additional charges.

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By: James Novak, Tempe Criminal and DUI defense Attorney

Several Police Auctions are scheduled for the month of November 2010. The scheduled dates, times and locations can be found in your local newspapers in the jurisdiction for which the auction will be held. The auction schedules are also posted on social websites, and auction websites on the internet.

Many law enforcement agencies, including local police, Maricopa County Sheriff’s Department, and other State and Federal entities collect confiscated goods, lost items or abandoned property. The law enforcement agencies gain possession of items that result from arrests, forfeitures or other reasons. Forfeited property usually results from drug arrests where property was seized or confiscated; used in the process of a drug crime; or items purchased with illegal drug money. If an item was stolen and found, as a result of theft, and is unclaimed by the owner it was stolen from or their insurance company, it will end up at auction. Items sold at these auctions, include a wide variety of personal or commercial property including vehicles, jewelry, firearms, other weapons, tools, computers, other electronics, rare coins, antiques, art, boats, planes, even real estate and homes.

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By: James Novak, Tempe criminal defense and DUI Attorney

According to a spokesperson for the Tempe Police Department, ASU is now being patrolled by both the City of Tempe Police and the ASU Police.

Following the second homicide at ASU in five months as of November 2010, Tempe and ASU police have increased presence in and around the campus, both marked cars and plain clothes.

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By: James Novak Arizona DUI & Criminal Defense Attorney

Various Media Sources and Statements released by Phoenix Police Management indicate that between 20 and 40 police officers are under investigation for fraud and misconduct, by the Arizona Attorney General. The allegations are that the officers were collecting payment for off-duty security jobs they allegedly did not perform for at least one private company in South Phoenix.

Although the reports on the investigation ballooned all across the internet social networks, radio, and TV in early November 2010, media sources indicate it apparently began in 2007 with an internal investigation; and then allegedly was handed over to the Arizona Attorney General’s office to complete the review.

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