Pubdate: Sat, 28 Jul 2012
Source: Arizona Republic (Phoenix, AZ)
Copyright: 2012 The Arizona Republic
Contact: http://www.azcentral.com/arizonarepublic/opinions/sendaletter.html
Website: http://www.azcentral.com/arizonarepublic/
Details: http://www.mapinc.org/media/24
Author: Sheila Polk

MEDICAL-POT PROGRAM FAR FROM 'MODEL'

Arizona's Medical Marijuana Act was narrowly passed by voters in 
November 2010. The director of the Arizona Department of Health 
Services states that we have a "model" program and that the 
demographics of the card users show "the vast majority are 
legitimately accessing the system" (Valley & State, July 20).

Do the facts really support these claims?

The ADHS has issued 30,550 medical-marijuana patient cards. Only 
1,275 of the cards are for cancer; 27,330 of the cards are for 
self-defined chronic pain. Interestingly, 74 percent of the patient 
cards have been issued to males; 26 percent to females. Forty-seven 
percent of the cards have been issued to users between the ages of 18 and 40.

The ADHS will soon license 126 dispensaries in Arizona. Each 
dispensary can also grow marijuana at a second, off-site location. 
Thirteen applications were received to operate dispensaries in north 
Tempe, near the main Arizona State University campus.

There is no limit to the amount of marijuana a dispensary may grow or 
sell. Dispensaries are also permitted to sell marijuana to other 
dispensaries and prepare and sell food products infused with marijuana.

While the ADHS moves full speed ahead to license the cultivation of 
marijuana, the U.S. Department of Justice is moving just as fast to 
seize medical-marijuana dispensaries in other states, asserting the 
supremacy of the federal Controlled Substances Act.

In California, the U.S. attorney recently seized the Oakland and San 
Jose locations of the Harborside Health Center, adding to the list of 
dispensaries already shut down by the federal government in that state.

It is only a matter of time before the same dispensaries licensed by 
Arizona officials will be shut down by our U.S. attorney.

The Supremacy Clause of the U.S. Constitution provides that federal 
law "shall be the supreme Law of the Land."

Under this principle, state laws that conflict with federal law are 
pre-empted. The U.S. Supreme Court ruled, in Gonzales vs. Raich, that 
state medical-marijuana laws are pre-empted by the federal act.

Although states may lawfully choose to exempt marijuana from state 
criminal liability, they cannot affirmatively authorize a use that 
federal law prohibits.

Any use of marijuana remains a crime under federal law, as does the 
facilitation of those acts. There is no immunity in the CSA for 
Arizona officials for issuing medical-marijuana licenses.

Is this really "medical" marijuana when 4 percent of the cards are 
for individuals with cancer and 88 percent are for chronic pain?

Does it make medical sense that 74 percent of the "patients" are male?

Is our law really a model when it allows the cultivation of marijuana 
by dispensaries in unlimited amounts?

Is it a model program when state officials license the use of 
marijuana directly in conflict with federal law?

Lastly, what kind of model program has one arm of the government 
licensing dispensaries while another arm of government is shutting them down?

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Sheila Polk is the Yavapai County attorney and co-chairwoman of 
MATForce, the Yavapai County Substance Abuse Coalition.
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MAP posted-by: Keith Brilhart