Law News

January 12, 2011

Qualifying Conditions for use of Medical Marijuana in Arizona

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 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.

November 12, 2010

ARIZONA CONSIDERING REDUCTION IN CRIMINAL AND DUI SENTENCING

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

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”.

November 11, 2010

MESA AZ POLICE MAKE 40 ARRESTS IN DOMESTIC VIOLENCE TASK FORCE

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

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.