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This article is the first in a series of reports covering Arizona’s Medical Marijuana Pro- gram on both state and local levels, intended to give what the author fully knows is an extremely condensed overview of the cur- rent state of medical marijuana in Arizona. There’s a solid chance that important facts ei- ther briefly mentioned or omitted completely from this article will be expanded upon in fu- ture articles as we investigate the many var- ied and important facets of this divisive issue.
in November 2010, Arizonans passed Proposition 203, commonly referred to as the Arizona Medical Marijuana Act, which legalized the use of medical mari- juana for qualifying patients. The proposi- tion was narrowly passed by a margin of roughly 4300 votes, with those in support responsible for 50.13% of the total 1.6 million votes cast. Not an overwhelming amount by any stretch of the imagination, but significant enough a margin to guar- antee that legal medical marijuana, with all that the policy entails, will very much be a recognizable and tangible reality across Arizona for years to come.
In short, Proposition 203 allows qualify- ing patients — persons either seriously or terminally ill — to legally purchase me- dicinal marijuana, so long as they have a valid doctor’s prescription. Equipped with these prescriptions, patients are therefore protected from arrest or prosecution, as they are only taking what their doctor has prescribed as suitable and effective medi- cine. As far as purchasing their medicine, patients can go to heavily-regulated clinics so that they aren’t forced to acquire their medicine criminally and illegally from rec- reational drug dealers.
If there is no dispensary within 25 miles of a patient’s home, then they are allowed to cultivate their own marijuana. Another measured standard of Proposition 203 is
the use of registry identification cards, making it easy for dispensary workers or law enforcement officers to decipher if a person is a registered patient, and for those attempting to circumvent the use of such identification, strict penalties for fraudulent ID cards are on the books. In addition, the proposition places “commonsense” restric- tions on medical usage, such as prohibiting driving under the influence and public use.
The eventual transition to legal medical marijuana in Arizona has been a surpris- ingly drawn out process. Proposition 203 was actually the fourth time Arizonans had placed medical marijuana on the bal- lot, and interestingly, it wasn’t even the first time that Arizonans have voted in favor of decriminalizing the use of marijuana me- dicinally.
In 1996, voters approved a proposal that legalized medical marijuana, but due to pressure from federal authorities threaten- ing to revoke the medical licenses of any doctors prescribing marijuana as legiti- mate relief, the proposition never came to fruition. Two years later, Arizonans once again showed a preference for medical marijuana support by rejecting a proposal which would have allowed doctors to pre- scribe marijuana only if it was first deemed legal federally, which would have essential- ly kept Arizona medical marijuana legisla- tion in limbo until the feds decided to alter their current policy. In 2002, Arizonans re- jected a measure to legalize the possession of small amounts of marijuana while also making it available for free to qualifying pa- tients. These past three measures paint an accurate portrait of how many Arizonans feel about medical marijuana — a willing- ness to accept marijuana as viable medi- cine, but still unmoved by suggestions of legal recreational consumption. These same sentiments can be seen manifested in the passing of Proposition 203.
As evidenced by the slim margin by which Proposition 203 was passed, the Arizona debate between those in favor and those opposed is sharply divided, and even years later, the division has remained as stark as ever. For example, just last De- cember Maricopa County Superior Court Judge Michael Gordon shot down claims by Attorney General Tom Horne and Mari- copa County Attorney Bill Montgomery that Proposition 203 is illegal because mari- juana possession is still a crime federally, stating that he would “not rule that Arizona, having sided with the ever-growing minor- ity of states and having limited it to medical use, has violated public policy,” highlight- ing the fact that 18 other states have al- ready enacted marijuana laws similar to Proposition 203.
The regulations that surround Arizona medical marijuana dispensaries and care- givers are stringent, allowing for the distri- bution of medical marijuana — as well as the required identification cards — to be closely monitored, in contrast to the cir- cus that can evolve from loosely-regulated medical marijuana, such as what is experi- enced currently in California. In California, obtaining a medical marijuana card is no challenge at all.
In fact, it seems that having the cash to pay for the card is more important than actual necessity — an acquaintance of this writer was approved for his card under the pretense of quitting smoking cigarettes and, due to the “overwhelming stress” that accompanied his decision, needed mari- juana to calm his high levels of tobacco- free anxiety. In truth, he didn’t even smoke cigarettes — but he did have the required $250 in cash to secure the Santa Barbara doctor’s signature. The doctor who issued the card wasn’t even his primary care physi- cian — he just walked in with cash in hand and left a legal beneficiary of California
medical marijuana, heading instantly down around the block to the nearest dispensary to fill his prescription. This, as well as similar scenarios, is precisely what worries so many Arizonans — medical marijuana as a simple guise for recreational use.
However, those in support of Proposition 23 are quick to defend that in Arizona, this is not nor will be the case.
In July, the Department of Health Servic- es announced that 35 dispensaries across Arizona were open and serving patients. Currently, there are three dispensaries op- erating in the Flagstaff area. One such dis- pensary is Greenhouse of Flagstaff, which opened for business this summer. In de- fense of Arizona’s dispensary and identifica- tion card regulation, Greenhouse founding member Brandon Hermansky stated that
“Arizona has regulated it so heavily, they’re doing it right. Some people might not real- ize it, but licenses are extremely hard to get and equally easy to lose.”
Like many other Arizonans in support of medical marijuana, Mr. Hermansky is fully convinced that the services dispensaries provide makes it easy for qualifying pa- tients to safely obtain the medicine they re- quire. Sitting down with him — which will be the focus of next issue’s report — he is quick to explain the sentiments of his col- leagues and so many others: “It’s natural. It’s something people have been smoking for thousands of years, this natural remedy. It certainly might not be for everyone, but then again, what is?”
For more information on Arizona’s med- ical marijuana program, visit azdhs.gov
| mark Szopinski knows his hardware from his software. busyb3ingborn@gmail.com
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• september 2013 • 11