Criminal Defense Attorney

January 18, 2011

AZ MEDICAL MARIJUANA NEWS

10 Things People Are Talking About
Article by: James Novak, Phoenix DUI and Criminal Defense Attorney
According to announcements made by ADHS, over 1300 people commented on the initial draft posted by ADHS December 17, 2010. The initial comment period has ended, they are currently being considered. New rules will be available for comment on January 31, 2010, to February 18, 2011. Following the next comment period the final Rules package are scheduled to be completed and published March 28, 2011.

Of those comments on the initial draft rules, here were the 10 most talked about issues:
1. Patient-physician relationship requirements;
2. Adding more medical conditions, illnesses, and diseases to the list of those who will qualify;
3. Fees and how those with limited income can gain access;
4. Patient/caregiver cultivation mileage rules;
5. The 70% dispensary self-production and cultivation requirements;
6. Dispensary Registration Certificate approval process;
7. The requirement that each dispensary having an official medical director;
8. Medical Director Qualifications, in that the qualifications be liberalized to include more and various types of medical professionals;
9. Dispensary applicants requirement of a 2 year residency rule;
10. Cultivation facilities licensing requirements with an associated dispensary.

All comments on the initial draft are available and posted on the ADHS website. The public will get their next chance to comment on January 31, 2011 when the second draft is posted. The ADHS has expressed their commitment to considering all constructive comments. So a word to all those with concerns or interests in the Arizona Medical Marijuana Rules, don’t pass up your opportunity to let your voice be heard.

January 12, 2011

Qualifying Conditions for use of Medical Marijuana in Arizona

by James E. Novak, P.L.L.C.

January 12, 2011 News by: James Novak, Phoenix DUI and Criminal Defense Attorney
The Arizona Department of Human Services website (ADHS.gov) posted Answers to frequently asked questions. Below is the answers to the definition of a qualifying patient, and what medical condition qualify for patients to register for a Medical Marijuana Card which will enable them to obtain and use Medical Marijuana under the new law:

A “qualifying patient” is defined in Proposition 203 as a person who has been diagnosed by a physician (a doctor of medicine, osteopathy, naturopathic medicine, or homeopathy) as having one of the following debilitating medical conditions:

• Cancer
• Glaucoma
• Positive status for human immunodeficiency virus
• Acquired immune deficiency syndrome
• Hepatitis C
• Amyotrophic lateral sclerosis
• Crohn’s disease
• Agitation of Alzheimer’s disease
• A chronic or debilitating disease or medical condition that produces any of the following:

a. Cachexia or wasting syndrome
b. Severe and chronic pain
c. Severe nausea
d. Seizures (including those characteristic of epilepsy) or
e. Severe and persistent muscle spasms (including those characteristic of multiple sclerosis)
A qualifying patient’s “designated caregiver” and a “dispensary agent” will also receive registration cards under Proposition 203.
For more medical Marijuana news, visit the ADHS website www.azdhs.gov/prop203 that was created to help the public follow updates on rulemaking as Arizona prepares to implement the new law.

January 5, 2011

3500 DUI Arrests from Holiday DUI Task

by James E. Novak, P.L.L.C.

News Article by: James Novak, Phoenix DUI and Criminal Defense Attorney
According to Arizona law enforcement officials and local Phoenix AZ sources, 3500 DUI arrests were made as a result of the DUI task forces (or AZ DUI sobriety checkpoints) set up around the state between Thanksgiving 2010 and through the New Year observed holiday 2011.

Of the 3500 DUI arrests, The East Valley Task Force accounted 1,862 which is more that half of all the arrests. Southern Arizona DUI Task Force arrested 397 drivers. The West Valley DUI Task force made 365 DUI arrests in Arizona. The 2010/2011 Arizona DUI sobriety checkpoint taskforce numbers were for this same holiday time frame in 2009/2010 was actually 26% lower. .

Those arrested for DUI were accused of either drunk driving because of alcohol or AZ DUI with Drugs (meaning allegedly driving impaired due to the influence of drugs, or other toxic substance). Note that this figure of 3500 DUI arrests in Arizona represent the number of people charged, but not yet convicted, and not yet found “guilty” of the DUI charges for which they were arrested. They are considered innocent until and unless they are proven guilty. Those arrested will have an opportunity to obtain legal representation with a qualified Arizona criminal defense attorney or DUI lawyer in Arizona to challenge the DUI, for justification, and to defend their Arizona DUI charges.

December 30, 2010

AZ MEDICAL MARIJUANA LAW TIME-LINE

by James E. Novak, P.L.L.C.

Article by: James Novak, Phoenix DUI and Criminal Defense Attorney
You could say the ADHS is not letting any “grass” grow under their feet. By their actions, they are taking their responsibilities very seriously. The Arizona Department of Health Services (ADHS) is making great strides toward regulation and implementation of the new Arizona Medical Marijuana Act. ADHS posted their official information to the public on their website including the initial draft of the Rules on line, and an official time-line regarding for the medical marijuana governing regulatory system.

You can find comprehensive news and updates at the Arizona Department of Health Services website regarding the Arizona medical marijuana law’s progress for implementation. You can also post your comments and input regarding the initial draft rules. The following time-line for bench marks is being cited from the ADHS website as it applies to Maricopa County, Phoenix-Metro, and Phoenix East Valley residents:

• December 17, 2010: ADHS posted an initial informal draft of the Rules;
• December 17, 2010 – January 7, 2011: ADHS receives informal (electronic) public comment on the initial informal draft rules
• January 31, 2011: ADHS posts official draft Rules for public comment
• January 31, 2011 – February 18, 2011: ADHS receive public comment on a revised draft of the Rules
• February 14 – 17, 2011: ADHS will hold two public meeting about the draft Rules in Phoenix as follows:
1) Phoenix: Tuesday, February 15, 2011 at 1:00 pm, 250 N. 17th Ave Phoenix AZ
2) Phoenix: Thursday, February 17, 2011 at 1:00 pm, 250 N. 17th Ave Phoenix AZ
• March 28, 2011: ADHS publishes the final Rules that will be used to implement the Act
• April 2011: ADHS begins to accept applications for registry identification cards and for dispensary certificates

December 15, 2010

AZ MEDICAL MARIJUANA LAW NEWS

by James E. Novak, P.L.L.C.

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.

December 14, 2010

ARIZONA MEDICAL MARIJUANA NEWS DECEMEBER 2010

by James E. Novak, P.L.L.C.

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.

November 26, 2010

DEA EMERGENCY BAN ON SYNTHETIC MARIJUANA

by James E. Novak, P.L.L.C.

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.

November 16, 2010

7 SECRETS THE MARICIOPA COUNTY PROSECUTER DOESN’T WANT YOU TO KNOW!

by James E. Novak, P.L.L.C.

Article by: James Novak, Maricopa County DUI & Criminal Defense Attorney
1) You may find the Maricopa Prosecutor very professional and polite. But if you were arrested or charged with a crime, remember, their job is to convict you. That is what they get paid to do.

2) If you choose to defend yourself without a proper Arizona Legal defense, private practice DUI lawyer, or criminal defense attorney, you make the prosecutor’s job easier. To go unrepresented, is the fast way to an almost certain outcome- conviction of the charges.

3) The Prosecutor will not point out weaknesses or flaws in the State’s case against you. Only a good Arizona DUI or criminal Attorney will comb through the evidence to look
For violations of your constitutional rights, or other flaws or circumstances that would weaken the prosecutions case against you.

4) You may be completely not-guilty of the charges for which you were arrested or on trial, but the prosecution will not “tell your story” or produce any evidence that will help prove your innocence. That is not their job.
5) The Police and prosecution work closely together to get a conviction against you. Even if you are politely approached by either, and asked to provide a little more information regarding your charges…don’t do it! By answering without proper legal counsel, you may incriminate yourself and help the prosecution build a case against you. You have a constitutional right to remain silent and to defense counsel. Use it! Politely state that you wish to speak with your DUI or criminal defense attorney before answering any questions.

6) A Judge can not intervene until a motion is filed or your sign a plea agreement or take the matter to trial. The Judge does not have authority to dismiss the case until a proper Legal defense challenge is made on your behalf by your Arizona Defense Attorney, or the jury returns a Not-Guilty Verdict on all charges. The chances of getting an acquittal or not-guilty verdict without a good Arizona Criminal Defense or DUI Attorney are slim to none.

7) If you are told by a Prosecutor that your criminal or DUI matter is “simple” and penalties are “no big deal” or that “you really do not need to hire an attorney” – that is rarely if ever true. The Maricopa County and Arizona Criminal Justice system is complicated. It is a maze of laws, protocol, time-lines, details, paperwork, procedures, and constantly changing legislation. The people and odds are against you, without a strong criminal defense or DUI defense lawyer defending you. Arizona has some of the toughest laws and penalties in the country for criminal and DUI charges. When it comes to your future and freedom, and facing Arizona charges, to the contrary, a criminal or DUI charge is a very serious matter and the consequences of a conviction can be negatively life altering.

November 15, 2010

Arizona Medical Marijuana Prop 203 Passes – Answers to What Now?

by James E. Novak, P.L.L.C.

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.

November 13, 2010

Maricopa County’s Fugitive Apprehension Unit to Find and Arrest Those with Outstanding Warrants

by James E. Novak, P.L.L.C.

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.