Phoenix New Times: “A county judge has put a halt to a state Department of Health Services rule that is preventing the approval of a would-be medical-marijuana dispensary. White Mountain Health Center wants to open a dispensary in Sun City, but it can’t get the county to acknowledge or reject its request for [...]
As Will Humble said last week, the March 28, 2011, “final” version of the rules have been changed. Today the Arizona Department of Health Services submitted to actual final rules to the Arizona Secretary of State. Here is the Department of Health Services summary of the changes made to the March 28, 2011, rules.
I attended the forum sponsored by the Arizona Medical Marijuana Association and the Marijuana Policy Project in Phoenix on April 5, 2011. Will Humble spoke for about 30 minutes then answered questions for about 30 minutes. Here are my notes from the Director’s presentation:
The final rules published by the Arizona Department of [...]
Before the “final” Arizona Department of Health Services rules issued on March 28, 2011, I prepared Bylaws for Arizona limited liability companies, for profit corporations and nonprofit corporations that intend to apply for a license to own and operate an Arizona medical marijuana dispensary. I have not been able to “finalized” my Bylaws [...]
The Arizona Department of Health Services published a Frequently Asked Questions for prospective Arizona medical marijuana dispensaries. This is a very enlightening document. Here are some gems I discovered in the FAQ.
When can I apply for a dispensary license?ADHS will accept applications for dispensaries between June 1st and June 30th, 2011. When [...]
The Arizona Department of Health Services published its final medical marijuana rules (92 pages).
Here are my first impressions of the provisions that apply to would-be dispensaries:
DHS took my recommendation and added the owners of entities to its definition of board members who must satisfy the eligibility requirements to obtain [...]
My DHS Wish
I continue to talk to many people who are having a very hard time finding a location to operate their Arizona medical marijuana dispensary. The Arizona Department of Health Services has inadvertently created a nightmarish situation for would-be dispensary owners who do not own the real property on [...]
Sonoran Star Remedies: “Whoa, hold on there, cowboy!!! . . . There are severe ramifications to having DHS backpedal on the requirement (January 31 draft rules) to have each dispensary be in compliance with local zoning restrictions. I suggest that we take a step back and consider what it would mean to strip [...]
On February 25, 2011, the Arizona Department of Health Services published comments from the public on the January 31, 2011, second draft of the proposed rules that implement Arizona’s new medical marijuana laws. Here are the links to the comments.
Question 1: What parts of the draft rules do you believe are effective? [...]
What follows below is the abbreviated text of my letter to Will Humble dated February 18, 2011. You may also read or download a copy of the actual letter.
February 18, 2011
Will Humble, Director Arizona Department of Health Services 150 N. 18th Avenue Phoenix, AZ 85007
Re: Comments [...]
Question: Are there any special clauses my dispensary should include in its contract with its medical director?
Answer: Yes. The contract should be an independent contractor agreement, not an employment agreement. The contract should contain the standard clauses found in a good lawyer drafted independent contractor agreement plus the following clauses unique to [...]
If you are interested in telling Arizona Department of Health Services how you fee about its medical marijuana rules, I suggest you attend one or more of the public hearings Arizona Department of Health Services is holding this week. ADHS says that the public hearings are not intended for people who want to [...]
I believe that the proposed AZDHS rule whereby the Department will allocate Medical Marijuana Dispensaries to applicants by lottery is a big mistake, for the following reasons:
The rules require an applicant to submit a number of items with their application. Included are a business plan, an inventory plan, a security plan and [...]
Under the second draft of Arizona’s medical marijuana rules issued by Arizona Department of Health Services on January 31, 2011, DHS proposes to select dispensary registration certificates (aka dispensary licenses) by a lottery. The rules divides Arizona into 126 zones called Community Health Analysis Areas (CHAAs). DHS will allow one dispensary in each [...]
I am part of a group that plans to apply for one of the medical marijuana dispensary licenses to be awarded by the Arizona Department of Health Services. I believe the method the AZDHS has chosen to distribute the licenses throughout the State is flawed. Here are some of the reasons.
Phoenix New Times: “Docs who write high numbers of recommendations [for medical marijuana] will be singled out for review, and if any of the recommendations “look at all suspicious, those (doctors) can count on getting a friendly call from me or someone else at the agency,” said Dr. Laura Nelson, DHS chief medical [...]
The second draft of the Arizona Department of Health Services medical marijuana rules apparently divided Arizona into 126 areas where dispensaries can be located. These areas are called “Community Health Analysis Areas (CHAAs).” See the map of the CHAAs. Read DHS Director Will Humble’s January 28, 2011, explaination of CHAAs in which he [...]
Arizona Republic: “The new proposal suggests distributing one dispensary to each Community Health Analysis Area, which divides the state based on geography and population. There are 126 of these areas in the state, close to the number of dispensaries allowed.”
Today, January 31, 2011, Arizona Department of Health Services posted its second draft of its proposed Arizona medical marijuana rules. Check back. I will review the second draft of the rule as soon as possible and put up a new article. Here are my first impressions of changes made to the first draft [...]
Question: Must all owners, officers and members of the board of directors of an Arizona medical marijuana dispensary be a citizen of the United States?
Answer: Apparently “the principal officer” or one board member must be a U.S. citizen as of today, January 26, 2011. It appears that no other owner, officer or [...]
Question: I am an Arizona physician who is considering offering my services to be the medical director of an Arizona medical marijuana dispensary. Does every dispensary need a medical director? What are the duties of the medical director under the Arizona Department of Health Services rules?
Answer: The Arizona Department of Health Services rules [...]
On December 17, 2010, the Arizona Department of Health Services posted a draft of the medical marijuana rules for public comment. Read the following comments received by ADHS via its online survey from December 17, 2010, through January 7, 2011:
Question 1: What parts of the draft rules do you believe are effective? [...]
The following was posted on the Arizona Department of Health Services’ blog today:
So far, we’ve received well over 1,300 comments on the Informal Draft Rules that we posted December 17. Our first comment period ends today. We’ll be reviewing the comments and revising our initial draft over the next couple [...]
Mindy D. Smith, the Chief Executive Officer of the Arizona Pharmacy Alliance sent a letter dated January 7, 2011, to Will Humble, Director of the Arizona Department of Health Services, in which she states the AzPA’s suggested changes to the December 17, 2010, first draft of Arizona’s medical marijuana rules.
What follows is the text of the suggested changes to the Arizona Department of Health Services’ December 17, 2010, rules that I posted in the comment area on the DHS website today. Tomorrow, January 7, 2011, is the last day to submit online comments.
1. Eliminate the requirement for a medical [...]
Arizona Republic: “More than 1,000 people have commented on the proposed medical-marijuana rules so far, responding most heavily to a handful of areas that include the definition of doctor-patient relationships and medical directors and limitations on where dispensaries get marijuana. . . .Department officials identified the top 10 suggestions as of Wednesday, including:”
Arizona Medical Marijuana: “The Green Leaf recently asked Dr. Ed Suter, a board certified physician and medical marijuana activist, to share his thoughts on the first draft of medical marijuana regulations released on Dec. 17 by the Arizona Department of Health Services. Here’s his reaction:”
Question: Can I create a business in Arizona that only grows marijuana and sells it to licensed medical marijuana dispensaries?
Answer as of 1/31/11: Yes. The January 31,2011, second draft of the rules eliminated the requirement that all dispensaries grow any portion of the marijuana. A condition to growing, however, is that the grower must [...]
Arizona Department of Health Services Asks Public to Comment on the Proposed Medical Marijuana Rules
One of the top priorities during the implementation of the Arizona Medical Marijuana Act in the coming months is to ensure good rules are developed (called Administrative Code) so medical marijuana can be regulated effectively. Rules that are [...]
Phoenix New Times: “Before the release of draft rules on Proposition 203, Will Humble, the director of the state Department of Health Services, estimated 100,000 people a year might qualify for medical marijuana. Now, under the proposed regulations, only 10,000 to 20,000 people a year would qualify, he said in a news conference [...]