Pubdate: Fri, 10 Aug 2012
Source: Payson Roundup, The (AZ)
Copyright: 2012 The Payson Roundup
Contact:  http://www.paysonroundup.com/
Details: http://www.mapinc.org/media/1523
Author: Alexis Bechman

FLORES WON'T PROSECUTE MEDICAL MARIJUANA CASES

Identity of northern Gila County dispensary lottery winner still
secret

No one knows for sure where a dispensary will open in Payson, but one
thing is clear -- if you have a medical marijuana identification card
in Gila County, you won't be prosecuted.

On Tuesday, despite serious legal concerns, the state Department of
Health Services selected more than 100 dispensary operators throughout
the state.

Health Services issued a dispensary certificate for Payson to one of
the nine applicants, giving them authority to grow medical marijuana
and sell it. However, the identity of the winner of the dispensary
certificate in northern Gila County remains confidential for the moment.

None of the dispensaries seem likely to operate until a judge rules on
the conflict between state and federal law.

That means hundreds of local residents with identification cards
permitting them to use marijuana to treat certain medical conditions
could grow their own.

State law currently allows them to grow up to 12 plants for their own
use or get it from a caregiver, an authorized grower.

Gila County Attorney Daisy Flores says her office has not prosecuted
anyone for possessing or growing marijuana if they had a valid medical
marijuana card and complied with the Arizona Medical Marijuana Act
(AMMA).

Flores said she would likely not go after dispensaries when they open,
but would evaluate prosecution "on a case by case basis."

"Arizona voters determined that dispensaries should be permitted if in
compliance with our Arizona law, as county attorney, I must respect
the will of the people," she said.

The four-hour, lottery-style drawing Tuesday came a day after Attorney
General Tom Horne issued an opinion that dispensaries violate federal
law.

However, issuing identification cards to patients and caregivers is
OK.

"Essentially, the issuance of the registry identification is not
pre-empted, as it is not authorizing any violation of federal law,"
Flores said. "Therefore, while we have decriminalized for Arizona law
the offenses of possession, use, or cultivation of marijuana for
someone who lawfully holds a registry identification card, state law
is pre-empted by federal law and it is still a federal crime to
cultivate, sell, dispense, possess or use marijuana."

Flores is among 13 state county attorneys that asked Horne earlier
this month to offer his opinion on the AMMA before Tuesday's drawing.

Horne's opinion did not prevent the health department from proceeding
with the lottery.

Will Humble, the health department's director, said in a blog post
that it is unclear what impact it will have on issuing operating
licenses for those that are allocated a dispensary
certificate.

"The impact of Horne's opinion will be minimal at this point as it is
non-binding and the real repercussions of the pre-emption issue will
arise once a court rules on it or the federal authorities take
action," Flores said.

Any dispensary that proceeds at this time takes a gamble both
monetarily and legally.

"AG Horne warned dispensaries it would be prudent to delay any work
and expenditures until the pre-emption issue is resolved by the
courts," Flores said.

In the meantime, the nearly 30,000 Arizona residents that have medical
marijuana cards will have to source their "medicine" from their own
plants or from one of 800 authorized caregivers. Nearly 86 percent of
cardholders are approved to grow and cultivate their own plants.

Flores said she would not prosecute a cardholder growing plants
securely for their own use.

When and if dispensaries open, cardholders living within 25 miles
could no longer grow their own plants.

"Many towns and law enforcement recognize the one benefit of a
dispensary located in their area is it limits the ability of
cardholders to cultivate their own marijuana in private residences,"
Flores said.

On Tuesday, in a drawing broadcast live online, a half dozen state
employees dutifully plucked bingo balls from a machine, issuing one
dispensary license for each of the 68 competitive districts.

There were 404 applications considered in the drawings.

In 29 districts, only one application was received and in 27 areas, no
applications.

The results of the drawing were posted online. A confidentiality
clause in the AMMA requires the state to identity "winners" only by
application number. In Payson, the lucky number is 327.

The health department plans to notify successful applicants by mail,
afterward, they will have less than a year to build and get approval
from the state to operate.

Tuesday's drawing drew strong comments from both sides.

Andy Tobin, Arizona House of Representatives speaker, said in a press
release that state agencies and their employees are in danger of
violating federal law by complying with the AMMA. He urged the state
to abandon its involvement with the sale and distribution of marijuana.

"Today marks another disappointing chapter in our state's ill-advised
experiment with so-called "medical" marijuana. The issues here are
simple: federal law clearly prohibits both possession and distribution
of marijuana regardless of the intent," he said.

Attorney Ryan Hurley, whose firm represents 30 dispensary applicants,
said lawsuits and politics have delayed dispensaries opening since the
act passed 18 months ago. This has made it hard for patients to find a
"safe and reliable source of medicine."

What impact dispensaries will have remains unknown for
now.

"Looking to what has occurred in other states, I and many other Gila
County citizens, are concerned as to the impact on our communities
when and if a dispensary opens in our local area," Flores said.
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MAP posted-by: Matt