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The Role of the Physician in Arizona’s Medical Marijuana Program

Will Humble, the Director of the Arizona Department of Health Services, published a February 17, 2012, Powerpoint presentation for Arizona doctors involved in writing recommendations for Arizona medical marijuana patients.  The objectives of the slide show are:

  • Identify the 3 roles a physician can have in the Arizona Medical Marijuana Program
  • List 3 risks of marijuana use
  • Identify 3 conditions that make patients eligible for the medical marijuana act
  • List 2 duties of a dispensary medical director
  • Identify 1 action that can get physicians reported to their board
By |2012-03-25T07:28:19-07:00March 24th, 2012|Stories & Articles, Will Humble Speaks|Comments Off on The Role of the Physician in Arizona’s Medical Marijuana Program
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Ink Dry on Final Revised Medical Marijuana Rules

Will Humble said the following on his blog on February 27, 2012:

As you know from earlier blog posts a judge ruled in a state case that had challenged our dispensary applicant selection criteria. The judge’s decision basically struck down several of the selection criteria we had been planning to use to for competitive areas of the state (areas where there will be more than 1 applicant per Community Health Analysis Area).

Last week our team finished the revisions to the regulations by making adjustments to comply with the judge’s decision and to set a process for identifying a new timeline for accepting dispensary applications. We’ve shipped the revised rules to the Attorney General’s Office for final review. Once their review is complete, the AG’s office will file the final package with the Secretary of State- and the revised rules will become immediately effective.

I’ve heard that there’s a buzz in the community that we’re completely revamping the rules for dispensaries. This is not the case. We’ve simply made revisions to comply with the recent Superior Court Ruling. We’re still on track to be able to accept dispensary applications in April. We’d then have about 45 days to review and award dispensary certificates- so we could potentially award up to 125 dispensary certificates by mid- to late-June. If someone is pretty much ready to go at that point, we could see medical marijuana dispensaries operating in July or August.

P.S. There have been a couple of new lawsuits filed against the Department in the last couple of weeks. One challenges our authority to require a medical director at dispensaries and one challenges other aspects of the rules and the initiative language itself. It’s unclear whether these cases will impede our progress in getting the dispensaries licensed- but I’m going to do everything I can administratively and otherwise to make sure the dispensary licensing goes forward as planned.

By |2012-02-28T06:23:58-07:00February 28th, 2012|Stories & Articles, Will Humble Speaks|1 Comment
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Arizona Finalizing Medical Marijuana Dispensary Rules

Phoenix Business Journal:  “This week, the Arizona Department of Health Services is putting the finishing touches on the revised rules for medical marijuana dispensary applicants. . . . .ADHS Director Will Humble said he will set the date for when ADHS will begin accepting dispensary applications. He said he expects that date to be sometime in April. . . . Originally, the state health department had stringent financial requirements for applicants, such as no bankruptcy history, which the judge rejected. . . . ‘It will be more of a random selection now,’ Humble said.”

By |2012-02-17T06:38:56-07:00February 17th, 2012|Stories & Articles, Will Humble Speaks|Comments Off on Arizona Finalizing Medical Marijuana Dispensary Rules
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Medical Marijuana Dispensary Applications to be Accepted by ADHS in Early April 2012

Will Humble, Director of the Arizona Department of Health Services, said this on his blog on February 8, 2012:

“As you know from earlier blog posts a judge ruled in a state case that had challenged our dispensary applicant selection criteria.  The judge’s decision basically struck down several of the selection criteria we had been planning to use to for competitive areas of the state (areas where there will be more than 1 applicant per Community Health Analysis Area.

Our teams are busy dotting the Is and crossing the Ts right now on an express rule package that would remove the dispensary selection criteria struck down (AZ residency, child support, previous bankruptcies etc.) and to set new dates to accept dispensary applications.  Our rule changes will focus solely on making adjustments to comply with the judge’s decision and to set a new timeline for accepting dispensary applications.

Our team is making good progress on the Rule package, and we expect to be finished this month (February).  I’ll keep you posted here, and I’ll let you know when the rule package is filed- including a link to the final set of rules.  We’re still on track to be able to accept dispensary applications in April.  We’d then have  about 45 days to review and award dispensary certificates- so we could potentially award up to 125 dispensary certificates by mid- to late-June. If someone is pretty much ready to go at that point, we could see medical marijuana dispensaries operating in July or August.”

By |2012-02-08T07:08:24-07:00February 8th, 2012|Stories & Articles, Will Humble Speaks|Comments Off on Medical Marijuana Dispensary Applications to be Accepted by ADHS in Early April 2012
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Arizona Department of Health Services Plans to Accept Medical Marijuana Dispensary Applications Early April 2012

On January 25, 2012, Director Will Humble of the Arizona Department of Health Services wrote the following on his blog:

Right now, it looks like a qualified “yes”.  As you know from earlier blog posts a the judge has ruled in a state case that had challenged our dispensary applicant selection criteria.  We’ve been reviewing our options- and decided yesterday not to appeal  the case- which puts us back on track to licensing dispensaries under the Arizona Medical Marijuana Act.

Our teams are busy dotting the i’s and crossing the t’s right now on an express rule package that would remove the dispensary selection criteria that was struck down last week (AZ residency, child support, previous bankruptcies etc.) and to set new dates to accept dispensary applications.  Our goal is to accept applications this April.  We’d then have 45 days to review and award dispensary licenses- so we could potentially have awarded up to 125 dispensary licenses by mid-June. If someone is pretty much ready to go at that point, we could see medical marijuana dispensaries operating in July or August.

It’s been awhile since we talked about dispensaries and the certificate process.  The place to start your refresher course is by reading our 53 Frequently Asked Questions summary sheet and our dispensary webpage.  In the meantime, there are several things that won’t change and are still outlined in rule.  Folks will need to have a business plan, security information, staff information, medical director and a plan to distribute information to patients, plus a letter from the locality saying the address is in compliance with local zoning rules. So while we’re busy tying up loose ends with the rules and the FAQs, I imagine prospective dispensary owners will be busy too.

One of the key provisions we settled on was to use zones to spread the dispensaries throughout the state.  There were a few reasons for this – one to keep them from clustering in urban areas, another was to make sure that qualifying patients in the more rural areas of the state had access to a dispensary.  Since we started issuing cards to qualifying patients and designated caregivers, we’ve been mapping where they live by zone.  That information is available in a monthly report on our website.

By |2012-01-26T20:55:43-07:00January 26th, 2012|Dept Health Services, Stories & Articles, Will Humble Speaks|Comments Off on Arizona Department of Health Services Plans to Accept Medical Marijuana Dispensary Applications Early April 2012
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DHS Issues Arizona Medical Marijuana Dispensary Update

Today Will Humble, Director of the Arizona Department of Health Services, said on his blog:

“With the recent ruling in Maricopa Superior Court, ADHS is analyzing the best way to responsibly begin accepting applications for medical marijuana dispensaries. Last week, the Governor instructed ADHS to proceed with the dispensary portion of the AMMA. One of the stumbling blocks was the pending Compassion First vs. Arizona case, which challenged some of ADHS’ rules for prospective dispensary owners. Now that the judge has ruled, ADHS is working to determine the next steps to begin accepting dispensary applications.”

The starter’s pistol was fired and the race to find a location for your dispensary is on.  The three most important tasks all prospective Arizona medical marijuana dispensaries must do yesterday are:

  1. Form your nonprofit entity that will be the signer on the lease for the premises in which the dispensary will sell medical marijuana to patients and where it will grow medical marijuana.
  2. Find a location for your dispensary that is properly zoned to allow the medical marijuana dispensary use and arrange to have the nonprofit entity sign a lease with the landlord.
  3. Apply for a comfort letter from the applicable zoning authority.

Before the Governor killed Arizona medical marijuana dispensaries last year it was the wild wild west as far as finding suitable sites and getting them tied up.  Given the threats the U.S. attorneys have been making to landlords (cancel leases to medical marijuana dispensaries or you will forfeit your land) I predict there will be fewer landlords who are willing to lease to a dispensary so the demand for the fewer properly zoned sites will be much greater than last year.

By |2012-01-19T22:07:17-07:00January 19th, 2012|Stories & Articles, Will Humble Speaks|Comments Off on DHS Issues Arizona Medical Marijuana Dispensary Update
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Arizona Department of Health Services’ First Announcement about the Dispensary Application Process

The following is the text of a January 13, 2012, blog post by Will Humble on his Arizona Department of Health Services website:

Last May (after receiving a threatening letter from the Arizona U.S Attorney’s Office) the Governor suspended the dispensary portion of the Arizona Medical Marijuana Act with a genuine concern that state employees would be federally prosecuted.  Last year, we asked the federal court to provide us with guidance regarding the obvious conflicts between the Arizona law and the federal Controlled Substances Act.  The federal court’s refusal to address the issue on the merits left many unanswered questions regarding these conflicts.  It’s unfortunate that the Federal court and the Arizona U.S Attorney’s Office couldn’t provide clarity for us on this issue.  However, after careful consideration, the Governor has asked us to implement the dispensary portion of the AZ Medical Marijuana Act.

Our first step will be to review the rules for accepting dispensary applications.  Our rules had originally stated that we’d accept dispensary applications last June.  Obviously, that’s no longer possible- so we’ll need to set new application dates using the State’s rulemaking process.  We’re working on those rules right now. The process is complicated by the fact that a lawsuit called Compassion v. Arizona is challenging the scope and constitutionality of our medical marijuana rules.  If that lawsuit is withdrawn or settled quickly, we could begin accepting dispensary applications this Summer.

By |2015-04-06T18:53:10-07:00January 13th, 2012|Stories & Articles, Will Humble Speaks|Comments Off on Arizona Department of Health Services’ First Announcement about the Dispensary Application Process
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AZ Department of Health Services to Cannabis Clubs: You are Walking on Thin Ice

What follows below is the text of Arizona Department of Health Services Director Will Humble’s July 14, 2011, blog post:

“The Arizona Department of Health Services has serious concerns about the legality of so-called cannabis clubs. The information that we have regarding these ‘clubs’ suggests that they are distributing marijuana to customers in a way that is inconsistent with the provisions of the Arizona Medical Marijuana Act, and the persons involved could be conducting illegal marijuana transactions. For this reason, we have referred this issue to the Arizona Attorney General’s Office for review and analysis by its civil and criminal divisions.”

I view this as a warning to medical marijuana clubs that give away or facilitate the giving of marijuana among people who are licensed Arizona medical marijuana patients.  I cannot imagine the Arizona Attorney General who is suing the United States over medical marijuana is going to bless these clubs.

By |2011-07-22T08:33:52-07:00July 15th, 2011|Cannabis Clubs, Stories & Articles, Will Humble Speaks|Comments Off on AZ Department of Health Services to Cannabis Clubs: You are Walking on Thin Ice
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ADHS Refuses to Accept an Application for an Arizona Medical Marijuana Dispensary License

Arizona Department of Health Services Director Will Humble wrote the following on his blog on June 1, 2011:

“A prospective dispensary applicant came to our offices this morning in an effort to submit an application for a dispensary registration certificate.   We declined to accept the application because, as I wrote on Friday, we won’t be accepting dispensary registration certificate applications until the outcome of legal action filed last week.

There were several members of the media present when the prospective applicant arrived.  One of the reporters asked me a question about how the decision was made to halt the acceptance of dispensary registration certificate applications.  I want to clarify my answer to that question.  The decision to halt the acceptance of dispensary registration certificate applications was collaborative.  It was the result of multiple discussions that followed the May 2 letter from the U.S. Attorney for Arizona – including conversations involving myself, the Governor, legal counsel and staff.  It’s most accurate to say that the Governor and I reached the decision to suspend the acceptance of dispensary applications in consultation and coordination, as is typical for an issue of this significance.”

By |2011-06-05T08:42:17-07:00June 1st, 2011|AZ Marijuana Law Lawsuits, Stories & Articles, Will Humble Speaks|Comments Off on ADHS Refuses to Accept an Application for an Arizona Medical Marijuana Dispensary License
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Will Humble & Other Arizona Medical Marijuana Law Pundits Bury Heads in Sand

After five U.S. Attorneys in recently issued letters stating the position of the Department of Justice is to prosecute people involved in growing and selling marijuana, local Arizona medical marijuana law pundits have dug deeper holes into which they have inserted their heads.  Yesterday, Peter F. Neronha, the U.S. Attorney for Rhode Island hand delivered a letter to the Governor of Rhode Island that said he intends to prosecute the people involved in Rhode Island’s three medical marijuana dispensaries that are scheduled to open in June and July.

The U.S. Attorney also delivered his letter to the owners of the three yet-to-be opened Rhode Island medical marijuana dispensaries.  In response to the letter, the Governor of Rhode Island, Lincoln D. Chafee, suspended the licensing of the state’s three prospective medical marijuana dispensaries.  The text of the Governor’s press release follows:

“May 2, 2011

“Statement from Governor Lincoln D. Chafee Regarding Compassion Centers

“The United States Attorney for the District of Rhode Island delivered a letter to me on Friday afternoon which was copied to the Director of the Department of Health and the three Compassion Center applicants. That letter, as well as similar letters sent to officials in other states, clarified the Department of Justice’s position on medical marijuana. The Department of Justice previously indicated that it would not focus its limited resources on doctors and their sick patients who prescribe and use marijuana if such use was permitted by state law. This position was interpreted by some states as giving them latitude to authorize medical marijuana cultivation and distribution programs. Friday’s letter makes it clear that DOJ will now pursue certain commercial cultivation and distribution of medical marijuana, even if such cultivation and distribution is permitted by state law. Compassion centers, their owners, landlords, financiers and other operations “facilitators” are identified as potential targets of federal law enforcement activities.

“None of Rhode Island’s compassion center applicants have received a certificate of registration to date. In light of the United States Attorney’s articulated position on closing compassion centers, seizing proceeds and prosecuting business enterprises that market and sell medical marijuana, I have placed a hold on the State’s medical marijuana certificate of registration program. During this hiatus, I will be consulting with the governors of other states with similar medical marijuana programs, with federal officials and with the compassion center applicants themselves.”

Here in Arizona our medical marijuana law pundits said the following after Dennis Burke’s letter of May 2, 2011, in which he said it is a core priority of the Department of Justice to prosecute those who grow and sell marijuana unless they are patients or caregivers who strictly comply with Arizona’s medical marijuana laws.

“But attorney Jordan Rose, who has been advising those going into the business, said no one should be worried. She said nothing in Burke’s letter is markedly different than what has been said U.S. attorneys in other states with medical marijuana laws” – from “Arizona’s federal prosecutor issues warning over medical marijuana.”

Commenting on recent raids of dispensaries in California and Montana, Joe Yuhas said the “raids appear to be isolated. And Joe Yuhas, spokesman for the Arizona Medical Marijuana Association, said he doesn’t expect similar problems here” – from “Arizona’s federal prosecutor issues warning over medical marijuana.”

[Director of the Arizona Department of Health Services Will] “Humble said, he does not expect most dispensaries to wind up under federal scrutiny. ‘Really, it’s not about whether you’re in compliance with your state law but rather are you a large-scale actor who’s manufacturing, distributing, possessing, marketing in clear violation of the (federal) Controlled Substances Act,” he said.  Humble said that’s borne out by reading a bit between the lines of what Burke did — and did not — write.” – from “Arizona’s federal prosecutor issues warning over medical marijuana.”

  • “US attorney issues warning over Ariz medical pot”

Will Humble said “I think it’s a pretty clear shot across the bow for applicants who intend to have large-scale cultivation facilities or a big dispensary . . . . ‘I believe the federal government ought to enforce their laws,” Gov. Jan Brewer said. ‘I have been calling on them to do that with regards to illegal immigration, and they have refused, so I guess that they pick and choose which ones they want to enforce’. . . . ‘I think the biggest impact the letter could have would be to cut down on the number of dispensary applications that we get, especially for people who have a lot to lose and people that were planning to have a business model that included large-scale cultivation or a large dispensary,’ he [Will Humble] said. “Because it makes it clear that even if they were in total compliance with our rules … they could go to the pokey.”

  • “Arizona’s federal prosecutor issues warning over medical marijuana”

“Potentially more significant, Burke had special words of caution to those who are in the business of growing marijuana even if they have a cultivation license from the state. And he said even those on the periphery, including property owners, landlords and organizations which finance dispensaries, risk not just federal criminal prosecution but also having the assets seized.”

“U.S. Attorney Peter F. Neronha Friday threatened to prosecute civilly and/or criminally those involved in Rhode Island’s three planned medical marijuana dispensaries — from the organizations that would run them to the landlords who rent them floor space.  The threat was contained in a letter hand-delivered to Governor Chafee’s office in the morning and also sent Friday to the would-be proprietors of the dispensaries.”

  • “Chafee puts hold on RI medical-pot centers”

“on Sunday, in an interview with The Providence Journal, the U.S. Attorney said he hoped the dispensaries don’t open because he considers them to be large-scale for-profit cannabis production centers that are against federal law.”

“Gov. Lincoln D. Chafee said Monday he has put a hold on the state’s medical marijuana certificate of registration program after receiving notice that it could violate federal law.”

“U.S. Attorney Peter F. Neronha said Sunday that he hopes that Rhode Island’s three state-approved medical-marijuana dispensaries don’t open and that if they do, “I might have to take some action” against them in court to prevent cultivation and distribution of the cannabis.  ‘I don’t think it would be a wise move’ for them to start cultivating large amounts of marijuana, or selling it, Neronha said in a telephone interview. . . . Neronha says he considers the planned dispensaries, which some call “compassion centers,” large-scale, for-profit cannabis production businesses that are against federal law. . . . Neronha said it has never been his intention to prosecute the ‘small-time caregivers’ who are growing small amounts of marijuana for ill people. . . . But medical-marijuana dispensaries are a different story, he said.”

“‘The Department of Justice maintains the authority to enforce [federal law] vigorously against individuals and organizations that participate in unlawful manufacturing and distribution activity involving marijuana, even if such activities are permitted under state law,’ Neronha wrote. ‘The [state law], the registration scheme it purports to authorize and the anticipated operation of the three centers appear to permit large-scale marijuana cultivation and distribution. The Department of Justice could consider civil and criminal legal remedies against those individuals and entities who set up marijuana-growing facilities and dispensaries’ . . . .”

By |2017-10-07T09:54:50-07:00May 3rd, 2011|Federal Dispensary Attacks, Marijuana Crimes, Stories & Articles, Will Humble Speaks|Comments Off on Will Humble & Other Arizona Medical Marijuana Law Pundits Bury Heads in Sand
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Arizona’s U.S. Attorney Notifies Will Humble & Arizona Department of Health Services that Compliance with Arizona’s Medical Marijuana Law Does not Offer Protection from Federal Criminal Laws

Today, May 2, 2011, the United States Attorney for Arizona, Dennis Burke, sent a letter to Arizona Department of Health Services Director Will Humble that notified him and the would-be Arizona medical marijuana industry that compliance with Arizona’s recently enacted medical marijuana laws and the DHS rules implementing the laws is not a defense to prosecution for violating U.S. criminal laws involving marijuana.  Here are the main points contained in the letter:

May 2, 2011

Will Humble
Director
Arizona Department of Health Services
150 N. 18th Avenue
Phoenix, Arizona 85007

Re: Arizona Medical Marijuana Program

Dear Mr. Humble:

I understand that on April 13, 2011, the Arizona Department of Health Services filed rules implementing the Arizona Medical Marijuana Act (AMMA), passed by Arizona voters on November 2, 2010. The Department of Health Services rules create a regulatory scheme for the distribution of marijuana for medical use, including a system for approving, renewing, and revoking registration for qualifying patients, care givers, nonprofit dispensaries, and dispensary agents. I am writing this letter in response to numerous inquiries and to ensure there is no confusion regarding the Department of Justice’s view of such a regulatory scheme.

The Department has advised consistently that Congress has determined that marijuana is a controlled substance, placing it in Schedule I of the Controlled Substances Act (CSA). That means growing, distributing, and possessing marijuana in any capacity, other than as part of a federally authorized research program, is a violation of federal law regardless of state laws that purport to pennit such activities. As has been the case for decades, the prosecution of individuals and organizations involved in the trade of illegal drugs and the disruption of illegal drug manufacturing and trafficking networks, is a core priority of the Department of Justice. The United States Attomey’s Office for the District of Arizona (“the USAO”) will continue to vigorously prosecute individuals and organizations that participate in unlawful manufacturing, distribution and marketing activity involving marijuana, even if such activities are permitted under state law.

An October, 2009, memorandum from then-Deputy Attomey General Ogden provided guidance that, in districts where a state had enacted medical marijuana programs, USAOs ought not focus their limited resources on those seriously ill individuals who use marijuana as part of a medically recommended treatment regimen and are in clear and unambiguous compliance with such state laws. And, as has been our policy, this USAO will continue to follow that guidance. The public should understand, however, that even clear and unambiguous compliance with AMMA does not render possession or distribution of marijuana lawful under federal statute.

Moreover, the CSA may be vigorously enforced against those individuals and entities who operate large marijuana production facilities. Individuals and organizations- including property owners, landlords, and financiers -that knowingly facilitate the actions of traffickers also should know that compliance with AMMA will not protect them from federal criminal prosecution, asset forfeiture and other civil penalties. This compliance with Arizona laws and regulations does not provide a safe harbor, nor immunity fromfederal prosecution.

The USAO also has received inquiries about our approach to AMMA in Indian Country, which comprises nearly one third of the land and five percent of the population of Arizona, and in which state law -including AMMA- is largely inapplicable. The USAO currently has exclusive felony jurisdiction over drug trafficking offenses in Indian Country. Individuals or organizations that grow, distribute or possess marijuana on federal or tribal lands will do so in violation of federal law, and may be subject to federal prosecution, no matter what the quantity of marijuana. The USAO will continue to evaluate marijuana prosecutions in Indian Country and on federal lands on a case-by-case basis. Individuals possessing or trafficking marijuana in Indian Country also may be subject to tribal penalties. I hope that this letter assists the Department of Health Services and potential registrants in making informed choices regarding the possession, cultivation, manufacturing, and distribution of medical marijuana.

Sincerely,

DENNIS K. BURKE
United States Attorney
District of Arizona

Will Humble’s first public response to Mr. Burke’s warning shot across the bow of prospective Arizona medical marijuana dispensaries was to recite portions of Dennis Burke’s letter and to warn:

“The bottom line take-home message in today’s letter is that federal enforcement priorities in Arizona will continue to focus on folks that manufacture, distribute, possess and market marijuana despite the passage of the AZ Medical Marijuana Act-  and that folks that operate large cultivation facilities or dispensaries (including property owners, landlords, and financiers) will be at risk for federal prosecution and asset forfeiture even if they’re in compliance with Arizona law and the rules that we published a couple of weeks ago.”

I expected Dennis Burke’s letter to say what it said.  He merely reiterated the position of the United States Attorney General as set forth in recent letters from the U.S. Attorneys for the Northern District of California, the Eastern District of Washington and the Western District of Washington.  See

By |2015-04-06T18:51:47-07:00May 2nd, 2011|Federal Dispensary Attacks, Legal Issues, Marijuana Crimes, Stories & Articles, Will Humble Speaks|Comments Off on Arizona’s U.S. Attorney Notifies Will Humble & Arizona Department of Health Services that Compliance with Arizona’s Medical Marijuana Law Does not Offer Protection from Federal Criminal Laws
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Director of Arizona Department of Health Services Not Worried About Being Charged with Violating Federal Marijuana Criminal Laws

In an April 29, 2011, forum at the Phoenix Country Club sponsored by Valley Partnership, Will Humble, Director of the Arizona Department of Health Services, said that he personally is not worried that he might be prosecuted by the federal government for aidding and abetting the commission of crimes involving federal marijuana criminal laws.  He made the statement in response to a question that asked him to comment on the April 14, 2011, letter from the two Washington state U.S. Attorneys to the Governor of Washington who asked U.S. Attorney General Eric Holder if the U.S. would prosecute Washington state employees who implement Washington’s recently enacted medical marijuana law that provides for the creation of state legal medical marijuana dispensaries.

In an April 13, 2011, letter to the U.S. Attorney General, Washington Governor Christine 0. Gregoire asked:

“It would be very helpful to receive clear guidance on the Department of Justice enforcement position and whether the 2009 Memorandum from Deputy Attorney General Ogden should be read to encompass the activities that would be licensed under this state legislation. Also, it would be helpful if the guidance addressed whether state employees involved in inspecting the premises, auditing the records or collecting fees from the licensed dispensers, producers or processors would be immune from arrest or liability when engaged in the enforcement of this licensing law.”

The next day, Jenny A. Durkan, United States Attorney for the Western District of Washington, and Michael C. Ormsby, United States Attorney for the Eastern District of Washington, sent Governor Gregoire a letter in which they said:

“the Department could consider civil and criminal legal remedies regarding those who set up marijuana growing facilities and dispensaries as they will be doing so in violation of federal law. Others who knowingly facilitate the actions of the licensees, including property owners, landlords, and financiers should also know that their conduct violates federal law. In addition, state employees who conducted activities mandated by the Washington legislative proposals would not be immune from liability under the CSA. Potential actions the Department could consider include injunctive actions to prevent cultivation and distribution of marijuana and other associated violations of the CSA; civil fines; criminal prosecution; and the forfeiture of any property used to facilitate a violation of the CSA”

Mr. Humble said he is concerned about the affect the U.S. Attorney letters and news stories might have on DHS employees involved in implementing Arizona’s medical marijuana laws, especially DHS IT personnel.

Here are my notes from the one hour forum.

  • Phoenix Planning Director Debra Stark gave a list of zoning jurisdictions that require special zoning documents and those that do not.  The following do not require either a use permit, a conditional use permit or a special use permit:  Glendale, Surprise, Buckeye, Goodyear, Avondale, Mesa, Tempe, Fountain Hills, Tucson and Flagstaff.  The following require either a UP, a CUP or a SUP: Peoria, El Mirage, Carefree, Scottsdale, Chandler, Gilbert, Phoenix and Maricopa County.  After the forum I asked her how long it would take for a prospective dispensary to get the comfort letter from the Phoenix zoning department.  She said five days, but the letter would say that it is subject to the applicant obtaining a special use permit before opening for business.
  • Will Humble said that a financial institution can issue the bank comfort letter if the not-for-profit entity or one of its principal officers has $150,000 or more of cash on deposit, a $150,000 letter of credit or gold valued at at least $150,000.
  • When asked who DHS would consider to be the ideal owner of an Arizona medical marijuana dispensary, Will Humble said it is an owner whose primary concern is to do what is in the best interest of the patients.
  • Will Humble made a statement about the duties of the medical director that troubled me.  He said that the medical director has a duty / responsibility to make sure that patients of the dispensary do not abuse marijuana.  The DHS rules prohibit the medical director from having a patient doctor relationship.  How would it be possible for a medical director who is not present at the time of a sale or interaction between dispensary staff and the patient who is abusing marijuana to know: (i) about the abuse, or (ii) to take any action to prevent or help stop the abuse?

See “Washington Legislature Passes New Medical-marijuana Law, Governor Threatens Veto” and “U.S. Attorney Will Prosecute Dispensary Owners, Landlords who Rent to Dispensaries & State Employees Involved in State Medical Marijuana Laws.”

By |2011-05-01T07:19:00-07:00April 30th, 2011|Stories & Articles, Will Humble Speaks|Comments Off on Director of Arizona Department of Health Services Not Worried About Being Charged with Violating Federal Marijuana Criminal Laws
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Opening Day for Medical Marijuana

From Will Humble’s blog:  “Today was Opening Day for the Arizona Medical Marijuana Act.  We rolled out our brand-new website at 8 a.m. today and began processing applications for Qualifying Patient and Designated Caregiver Registry Identification Cards. The system went live at 8:00 a.m. and we completed our first qualified patient card at about 8:30.  Our first applicant was a 60 year-old gentleman from Scottsdale living with Crohn’s Disease.”

See “Arizona health director: First-day stats for medical marijuana promising,” “State now defining landscape on medical marijuana” and “Applications open for medical marijuana cards.”

By |2017-02-12T07:38:38-07:00April 15th, 2011|Will Humble Speaks|Comments Off on Opening Day for Medical Marijuana
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Words of Wisdom from Will Humble on April 5, 2011

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 Health Services on March 28, 2011, are not the actual final rules.  The actual final rules will be the rules that DHS submits to the Arizona Secretary of State on April 14, 2011.  DHS intends to make some changes to the March 28, 2011, version of the rules.
  • The final rules will probably require that dispensary license applicants obtain a “comfort” letter from the landlord of the site where the dispensary’s address listed on the application.  Mr. Humble did not use the phrase “comfort” letter.  That is my characterization of what he said, which was the applicant must attach to the application something in writing from the owner of the site where the dispensary will operate that the owner is ok with the applicant using the owner’s address on the application.
  • Rather than merely requiring the applicant to affirm that the zoning of the prospective dispensary site is “groovy,” the applicant will be required to get something in writing from the city that the proposed site is in accordance with city zoning, i.e., it is properly zoned and not too close to a prohibited structure or area.
  • The March 28, 2011, rules will be modified, but DHS does not intend to make substantive changes.  I submit that the two preceding items, especially the second are substantive changes to the rules.
  • Patient and dispensary applications will be submitted online.  DHS’ goal is to reduce DHS costs.
  • There is no advantage in submitting a dispensary application early.
  • DHS will review dispensary license applications in July and August.  He predicted that there will more applications for licenses in highly populated CHAAs and fewer applications in low populated CHAAs.
  • A dispensary in Ajo that is in a low populated CHAA could have a big grow operation and sell marijuana to other dispensaries.
  • After a dispensary has been operating for three years, it can move any where in the state subject to proper zoning.
  • Dispensary licenses in CHAAs that are located in tribal land will be issued in 2012.
  • A dispensary can move any where within its approved CHAA during its first three years, subject to zoning.
  • If there are multiple dispensary license applicants who meet all five levels of review in a CHAA, the dispensary registration certificate will be awarded by a lottery conducted by the Arizona Lottery Commission.
  • Level five review consists of the applicants providing a letter from a bank that says that the applicant has $150,000 of available capital.  DHS doesn’t care if the available capital is cash in the bank or a line or credit or the ability to borrow $150,000, but it must say that the applicant (not an owner, officer or board member) has the money.  A questioner asked if it would be ok to remove the cash from the bank that day after the bank issued the letter.  Mr. Humble was stumped.  He had not thought of that and the March 28, 2011, version of the rules would not prohibit the removal.
  • Concerning the quality of the dispensary applications:  DHS will take into consideration and look to see if the required documents are submitted and appear to be comprehensive, but will not evaluate them for quality.  Not sure what he meant.
  • The security and inventory control policies and procedures must show that the applicant will be able to prevent the diversion of marijuana from its intended and state lawful use.
  • When asked if the applicant for a dispensary license will be notified if its application is defective and be given a chance to correct any defects, Mr. Humble said he doesn’t know yet.  He said that if the total number of applications for a dispensary license is relatively low, DHS will probably notice applicants of defects and give them a cure period, but will not do so if there are too many applications.  He did not give any indication of when the number of applications would be too many to give defect notices and cure periods.
  • He mentioned that the business plan should include references to the Arizona medical marijuana statutes and the DHS rules where appropriate.
  • As DHS receives applications for dispensary licenses, it will post the location on its CHAA maps.  He did not say what other information would be made available to the public.
  • Subject to applicable zoning requirements, a dispensary agent of a dispensary can deliver marijuana to its patients anywhere in Arizona as long as the agent remains with the marijuana at all times and complies with the DHS delivery rules.
  • It is ok to have multiple dispensary applications for the same site.
  • If a person or group of people who own one or more entities that apply for multiple dispensary licenses in multiple CHAAs were to win more thann one license, DHS expects and demands that a dispensary be opened in each CHAA.  Not sure how DHS would enforce this.  Would it try to terminate all of the licenses if the group failed to open or operate one of the dispensaries?
  • A medical director of a dispensary cannot write certifications for any patient.  Another doctor in the medical director’s medical group can write certifications, but the medical director must disclose that fact to DHS.
  • I asked Mr. Humble this question:  Can a for profit corporation get a dispensary license if it has one or more shareholders who own less than 20 percent of the shares and who are not officers or directors of the corporation if these shareholders do not meet the eligibility criteria including they are not residents of Arizona.  He said yes.

Caution:  What Mr. Humble says is not the official position of the DHS and may or may  not actually be implemented by DHS.  His comments are enlightening, but it is the official acts of DHS such as the rules that have legal significance.

By |2011-04-12T08:50:31-07:00April 12th, 2011|DHS Rules, Will Humble Speaks|Comments Off on Words of Wisdom from Will Humble on April 5, 2011
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Update on the Bylaws Update

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 because I have been waiting for the “final” version of the DHS rules to be set in concrete.  I want to modify my Bylaws only one more time so I am waiting patently for DHS to “finalize” the rules.

You will notice that I have put “final” and “finalize” in quotes.  I did that because despite DHS’ statements that the March 28, 2011, version of the rules was the final version, the rules have not yet been “finalized.”  I attended a forum last Tuesday at which DHS Director Will Humble announced two important facts about the March 28, 2011, version of the rules.

  • The rules will not be final until DHS delivers them to the Arizona Secretary of State on or before April 14, 2011.
  • DHS intends to make changes to the March 28, 2011, version of the rules before submitting the rules to the Arizona Secretary of State.

Note to KEYTLaw Dispensary Clients & People Who Purchased Dispensary Bylaws Online in Our Store

My goal is to review the final final version of the rules delivered to the Arizona Secretary of State this coming weekend and modify the Bylaws as necessary to comply with the final rules.  You should anticipate that my “final” version of the Bylaws will be available beginning on April 18, 2011.

If you are an owner of a not for profit LLC or corporation that I formed to own and operate an Arizona medical marijuana dispensary, you should have gotten an email message from me that I sent to you three days ago.  In that message, I asked that the contact for your company send the following information to me so I can prepare the Bylaws for your company:

  • Names of all members of the board of directors of the company
  • Name of the President (must be one of the managers if the company is an LLC – can only have one President)
  • Name of the Secretary (can be the same as the President)
  • Name(s) of any Vice Presidents (optional officers)
  • Name of the Treasurer (optional officer)

If I formed your company, make sure that your contact person sends an email message to me asap with the above information.

See “All Arizona Medical Marijuana Dispensaries Must Have Bylaws.”

By |2012-05-13T16:21:55-07:00April 10th, 2011|DHS Rules, Legal Issues, Will Humble Speaks|Comments Off on Update on the Bylaws Update
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Officials Worry Arizona Medical Pot will Go Recreational

KTAR radio:  “As Arizona’s medical marijuana program moves toward a launching point, the challenge is to keep it ‘medical.’  Dr. Will Humble, director of the Arizona Department of Health Services, said it would not take much to turn the legal program, approved by voters last November, into a recreational pot program.”

By |2017-02-12T07:38:37-07:00April 6th, 2011|Will Humble Speaks|Comments Off on Officials Worry Arizona Medical Pot will Go Recreational
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Arizona Department of Health Services’ Open Letter to Arizona Physicians on Medical Marijuana

Laura Nelson, M.D.. Chief Medical Officer, Arizona Department of Health Services, and Will Humble, Director, Arizona Department of Health Services posted an “Open Letter to Arizona Physicians on Medical Marijuana” on Mr. Humble’s blog. The text begins:

“Thank you for your interest in the effective implementation of the AZ Medical Marijuana Act.  We realize that many Arizona physicians may not yet feel comfortable with or fully informed about medicinal marijuana.  It is likely that some of your patients will have questions for you about medical marijuana or even request a certification from you.  Given your established relationships with your patients, you are in the best position to determine if medical marijuana is likely to be beneficial for them.  To assist you, we have reviewed numerous articles and sources of information about the medical use of marijuana.”

By |2011-04-05T06:16:06-07:00April 5th, 2011|Will Humble Speaks|Comments Off on Arizona Department of Health Services’ Open Letter to Arizona Physicians on Medical Marijuana
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Want a dispensary? Think Rural

From Will Humble’s blog:

“One of our objectives as we developed the final set of Rules for Medical Marijuana was to ensure reliable access to medication in rural Arizona. . . . we added a provision in the final rules that allow rural dispensary owners to move their dispensaries anywhere in the State after 3 years . . . . By applying in a rural CHAA, they can increase their chances of successfully being awarded a Registration Certificate and keep their options open for moving to a part of the state with a high density of qualified patients after a few years.  Likewise, if a prospective applicant has had a previous bankruptcy or lacks access to $150K in capital (which are part of our competitive screening criteria), they’ll be in a better position to compete for Registration Certificates in rural AZ.”

By |2011-03-29T07:24:32-07:00March 29th, 2011|Will Humble Speaks|Comments Off on Want a dispensary? Think Rural
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Dispensary Zoning Issues

From Will Humble’s blog:

“The final rules outline a 2-step process whereby applicants enter into a competitive screening in each Community Health Analysis Area (CHAA) for a dispensary Registration Certificate, followed by a build out and inspection before receiving an Operating License from ADHS.  Each dispensary applicant will be required to sign an attestation that the address that they are applying under is in accordance with local zoning (note that this doesn’t mean that they need to establish whether  they have a special or conditional use permit). . . .

Once an applicant has been awarded a Registration Certificate, they’re allowed to move their dispensary inside their CHAA (subject to local zoning approval, Department approval, and paying our $2,500 fee).  The Registration Certificate holder is also allowed to move their dispensary location (inside the CHAA) after they receive their Operating License.”

By |2011-03-29T07:19:32-07:00March 29th, 2011|Will Humble Speaks|Comments Off on Dispensary Zoning Issues
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Will Humble on the Final Version of the Arizona Department of Health Services Rules

Today Arizona Department of Health Services Director Will Humble said:

“We’re finished making our policy decisions regarding the final medical marijuana rules, and our rules team will be spending Friday and probably part of the weekend crossing the T’s and dotting the I’s on the final medical marijuana rules.  We’ll be releasing them on our website first-thing on Monday morning.  We’ll also be having a media conference at some point later that day.  We’ve developed a long set of Frequently Asked Questions to help prospective qualified patients, caregivers, dispensary applicants and physicians understand the final set of rules.  While the final rules will be posted on Monday, the actual law takes effect at the start of the business day on April 14.  We expect to be ready to go on the 14th.

We believe the final rule package accomplishes most of our objectives which include:

  1. ensuring convenient access for folks with debilitating medical conditions identified in the Initiative;
  2. ensuring access to the medication in rural Arizona;
  3. clear expectations regarding criteria for medical marijuana certifications;
  4. a way to identify physicians that act unprofessionally and write certifications for recreational use;
  5. a fair, effective, and orderly way to award dispensary licenses this year and in future years;
  6. clear medical, administrative, inventory, and security expectations for dispensary operation;
  7. reasonable compliance and enforcement provisions;
  8. a clear method for adding debilitating medical conditions over time;
  9. efficient administrative oversight designed to minimize cost; and
  10. reasonable fees that will cover the costs of implementing the program.

Over the last few months we have carefully examined medical marijuana programs in other states, reviewed more than 3,000 comments from the public on our 2 draft rule packages, and used the full range of expertise and creativity among our staff to develop what we believe is a responsible set of regulations that will ensure the near-term and future success of the program.  Thanks for all the hard everybody!

By |2011-03-25T07:12:20-07:00March 25th, 2011|Will Humble Speaks|Comments Off on Will Humble on the Final Version of the Arizona Department of Health Services Rules
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Health Department Officials Ready to Get Medical Marijuana Program in Place

ABC 15 TV:  “Will Humble, who runs the state Department of Health Services, is ready to put the state’s recently voter-approved medical marijuana program in place and get back to his normal work. On March 31, his department will release all the rules governing Arizona’s medical marijuana program. On April 15, patients will be able to begin having medical pot recommendations certified, and on May 1, hopeful dispensary owners will be able to submit their applications for dispensary and cultivation operation licenses.”

By |2015-04-06T18:50:21-07:00March 22nd, 2011|Stories & Articles, Will Humble Speaks|Comments Off on Health Department Officials Ready to Get Medical Marijuana Program in Place
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Arizona Health Czar Will Humble

Phoenix Magazine:  “Since the passage of Proposition 203 last November, which legalized medical marijuana in Arizona, the director of the Arizona Department of Health Services has taken pains to project himself as a fair and responsive custodian of the controversial measure, which goes into effect April 14.”

By |2015-04-06T18:50:21-07:00March 21st, 2011|Will Humble Speaks|Comments Off on Arizona Health Czar Will Humble
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Arizona Bills Related to Marijuana

Will Humble’s Blog:  “A few years ago, an Arizona law was passed that established a Controlled Substances Prescription Monitoring Program which requires pharmacies and medical practitioners who dispense Schedule II, III, and IV controlled substances to a patient, to report prescription information to the Board of Pharmacy on a weekly basis.  The purpose of this legislation is to improve the State’s ability to identify controlled substance abusers and refer them for treatment, and to identify and stop diversion of prescription controlled substance drugs in an efficient and cost effective manner that will not impede the appropriate medical utilization of licit controlled substances. ”  In this blog post he discusses House Bill 2585 and House Bill 2541.

By |2015-04-06T18:50:20-07:00March 17th, 2011|AZ Legislation, Will Humble Speaks|Comments Off on Arizona Bills Related to Marijuana
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Cross-cutting Marijuana Team Hitting on All Cylinders

Will Humble’s blog:  “Under the provisions of the Arizona Medical Marijuana Act we had 120 days to get the entire program up and running.  A short timeframe for this complex program (to say the least).  That gives us until close of business on April 13, 2011 to have everything ready.”  He says that applications for patients, caregivers and dispensary agents will be 100% electronic online and will begin April 13, 2011.

By |2011-03-15T07:03:43-07:00March 15th, 2011|Will Humble Speaks|Comments Off on Cross-cutting Marijuana Team Hitting on All Cylinders
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Will Humble Says Docs Can’t Be Giving Medical Marijuana Recommendations Until March 28, 2011

From Arizona Department of Health Services Director Will Humble’s blog:  “As I was looking through a weekly publication in the Phoenix area I noticed that there are several physicians that are already advertising their services for medical marijuana evaluations and certifications for a fee. Some of the ads and websites seem to imply that the certifications that physicians are writing right now will be valid for getting a medical marijuana registry identification card from the Arizona Department of Health Services once the law takes effect on April 14. This is not the case.”

By |2011-03-10T07:19:44-07:00March 10th, 2011|Will Humble Speaks|Comments Off on Will Humble Says Docs Can’t Be Giving Medical Marijuana Recommendations Until March 28, 2011
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Resources for Getting up to Speed on Marijuana as Medication

The title of this post if the title of an article published on Will Humble’s blog.  His post starts:

“As we get closer to implementing the AZ Medical Marijuana Act in mid-April, I thought it might be a good idea to post some information that may be helpful to physicians and prospective qualifying patients.  Over the last weeks, I’ve been sent a number of articles and sources of information about the medical use of marijuana.  Probably the most comprehensive and well researched (and readable) reports I’ve seen was published in 2000 from the Institutes of Medicine called Marijuana as Medicine-The Science Beyond the Controversy.”

By |2017-02-11T17:33:05-07:00February 26th, 2011|Will Humble Speaks|Comments Off on Resources for Getting up to Speed on Marijuana as Medication
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ABC 15 TV Investigation Finds Some Doctors Jumping the Gun and Giving Patient Recommendations that will Not Be Recognized by DHS

ABC 15:  “The ABC15 Investigators have discovered some patients currently seeking medical marijuana evaluations are getting the wrong information about our state’s new law. . . . ‘Rather than spend time trying to get a (qualified patient) card, which is really a waste of time right now, (patients) ought to spend time looking at the rules,’ [Arizona Department of Health Services Director Will] Humble said.”

By |2017-02-11T17:33:53-07:00February 21st, 2011|Stories & Articles, Will Humble Speaks|Comments Off on ABC 15 TV Investigation Finds Some Doctors Jumping the Gun and Giving Patient Recommendations that will Not Be Recognized by DHS
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Will Humble Explains the Purpose of the Public Hearings on the DHS Rules

From Will Humble’s blog on February 11, 2011:

We’ll be holding four public comment meetings for the Medical Marijuana Rules next week.  Public comment meetings are the part of the Rulemaking process whereby “an agency shall afford persons the opportunity to submit in writing statements, arguments, data and views on the proposed rule, with or without the opportunity to present them orally”.  We technically aren’t required to conduct these meetings because the Medical Marijuana Rulemaking is exempt from the normal process- but we’re doing it anyway because we think it’s a good practice that sometimes helps us make better decisions.

The objective is to listen to comments, concerns, and suggestions for improvements or solutions related to our draft rules. Public comment meetings don’t use a question and answer format- rather they provide a way for people to make suggestions in person.  We take notes and record the sessions- but we don’t answer questions.  Please note that the meetings next week aren’t intended to answer questions about how to open a dispensary.  Here’s the format:

  • Each meeting will consist of Department staff listening to comments, concerns, and suggestions for improvements or solutions related to the Medical Marijuana Program draft rules.
  • Please limit oral comments to the substance and form of the draft rules. Don’t hesitate to express support or opposition to earlier comments but please try to avoid repetition.
  • An individual may also submit written comments using the Comments Form that will be available at each meeting. There will be a marked container to put Comments Forms in at any time during each meeting or after each meeting concludes.
  • Please submit all written comments by 5:00 pm, on Friday, February 18, 2011. All input will be considered when finalizing the Medical Marijuana Program rules.
By |2011-02-12T09:32:44-07:00February 12th, 2011|Will Humble Speaks|Comments Off on Will Humble Explains the Purpose of the Public Hearings on the DHS Rules
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