Affirmative Defense appears to be gone.

[azmmjadvocates]

I was going to link to the states website citing of ARS 36-2812 Affirmative defense to give the link to a guy who got busted for overages and needed help. You will notice as I have on the link to AZ legislature, that it goes from 36-2811 to 36-2813. So what happened to it? Ive been busy with other matters lately and haven't been up on things lately did something happen I'm not aware of?

I have the entire hardcopy of the law and below I will link to key law that list's affirmative defense as well, however the link they provide at the bottom of the page for citing is dead as well. I know that when something is repealed it states that next to the citing on AZ's Revised statutes cite, so this doesn't make sense. Perhaps it's removed due to dispensaries coming in, however I figured someone who could cultivate for a fraction of the cost of buying at a dispensary could use it as a defense, not to mention the feds have warned they would raid dispensaries and I don't want to be there when that happens.

http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=36

http://www.keytlaw.com/arizonamedicalmarijuanalaw/the-mmd-law/ars-§-36-2812/

 

[KILLERCHEF420]

What does this mean then brother if it hasnt been repealed then just because the remove it from the website doent mean its still not part of the law right I mean thats a main part of the law what person wants to pay for a mmj card that doesnt back them on a state level lmao kinda defeats the purpose and I have a lawyer and stay up on the mmj program news, laws, lawsuit and etc and as far as I know this part was definitely not repealed let us know what you figure out about this im very interested to know thanks for bringing this issue to light as well are politicians sure try some very shady shit I cant wait for the days of anarchy hahaha much respect bro

PEACE
KILLERCHEF

 

[azmmjadvocates]

What does this mean then brother if it hasnt been repealed then just because the remove it from the website doent mean its still not part of the law right I mean thats a main part of the law what person wants to pay for a mmj card that doesnt back them on a state level lmao kinda defeats the purpose and I have a lawyer and stay up on the mmj program news, laws, lawsuit and etc and as far as I know this part was definitely not repealed let us know what you figure out about this im very interested to know thanks for bringing this issue to light as well are politicians sure try some very shady shit I cant wait for the days of anarchy hahaha much respect bro

PEACE
KILLERCHEF

Sorry for the ancient response, though I have still been advocating I haven't been on here much and funny this ling is hard to search. This actually may be getting tested, I'm at least dusting this argument off with new revelations of prosecutions that the Dispensaries have been buying off the Black market to meet demand. There is a portion of the language in the Affirmative defense provision important as well and that is "uninterrupted supply." That goes to the propositions intent and coupled with our having access to a operational dispensary within 25 miles it might be a legal question worthy of answer perhaps a declaratory judgement of some kind. If the dispensaries were to notify the Dept of Health by certified letter that they are going to be out of meds shouldn't we be able to cultivate again?

 

[azmmjadvocates]

Here is an update of sorts in an article on NORMLinArizona.org and a pdf link for publication is available on AzMmjAdvocates.com Blog site.

The entire Article is quite long called "Appointment of Jeff Sessions is all the Buzz,,, kill & what happened to prop 203's affirmative defense?".

"A speaker at MITA’s November 2016 meeting spoke of the vast amount of grow space available in the industry and can supply the patients will all the meds they need. That raised a red flag to me so I wrote to MJ attorney Tom Dean to ask for citings regarding the rumblings I’ve heard of Dispensaries buying off the black market to fill the patient demand. Due to confidentiality he could not provide specific cases without client permission but stated. “If this fact becomes a disputed issue of influence, then I would take those steps, but never has a dispensary owner or manager denied the fact to my face, although they may insist that it doesn’t go on at their dispensary”

Shouldn’t our cultivation rights
come back under prop 203?
Wasn’t intent of the law to have an uninterrupted “legal”
availability of Meds within 25 miles or we can grow our own?​

Perhaps dispensaries could have just written a certified letter to the Dept of Health that they were about to run out and would not be operating for a few days, post a notice on the front door to patients. Patients re-certifying or just getting Cards for the first time could at least ask for cultivation rights based upon fact that there are documented shortages that cannot supply a “continual uninterrupted supply of MMJ within 25 miles from home”. I am only sharing my interpretation with you. If dispensaries are obtaining MMJ off the black market what else are we un-aware of, Bud enhancers for ornamental use only, being sprayed on the flowers?


36-2804.02 Registration and certification of nonprofit medical marijuana dispensaries 3, (f) states “ A DESIGNATION AS TO WHO WILL BE ALLOWED TO CULTIVATE MARIJUANA PLANTS FOR THE QUALIFYING PATIENT'S MEDICAL USE IF A REGISTERED NONPROFIT MEDICAL MARIJUANA DISPENSARY IS NOT OPERATING WITHIN TWENTY-FIVE MILES OF THE QUALIFYING PATIENT'S HOME.”

Where does it say we are entitled to an uninterrupted availability of MMJ you might ask? ​

Well they removed it from the web site at the State Legislature sometime in 2012, why and how? I don’t know, as I voted on that provision that was important to me and did not read where it could be striped without voter approval. Since that time Prop 203 has a hole, it goes ARS 36-2811 then 36-2813 Where is ARS 36-2812 the Affirmative Defense provision that vanished when the dispensaries came? I was hollering about it back in 2012 but never got a logical answer. Here’s the quote;


“2. The qualifying patient and the qualifying patient’s designated caregiver, if any, were collectively in possession of a quantity of marijuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marijuana for the purpose of treating or alleviating the qualifying patient’s debilitating medical condition or symptoms associated with the qualifying patient’s debilitating medical condition. Source:



Just the Affirmative defense portion from 2010 posted after prop 203 passed: http://www.keytlaw.com/arizonamedicalmarijuanalaw/the-mmd-law/ars-§-36-2812/

Notice I’m talking about what I believe and voted on as I went into the ballot box, this was and still is my interpretation. I do not advise anyone of any legal interpretation only others must have as well, my interpretation and feelings are I was deprived under the law as a voter and qualified patient currently with written doctors recommendation but no card. For this reason of trust, economics, safety and fear of targeting by Child protective Services I have been forced to abstain from a herbal remedy I truly believe in, within a spirit of the law to provide “undoubtedly” severely impaired citizens such as myself legal means of Cannabis. I voted for the failsafe of qualified defense written into prop 203 against government abuse and harassment of law enforcement. If I couldn’t afford a card I could get (and have) a Dr. Recommendation every few months to use MMJ for my Qualifying Condition and if I were raided and arrested so long as my MMJ cultivation or use was soly for personal use not even giving any away, I would be able to present to the judge I acted within the spirit of the law and the case would be thrown out. Why did it vanish? Could it be so that the State could ask Federal Agents to file charges for non-compliance of State law? Could it be for reasons of Profits?"

#25mileRule #MMJ #prop203 #MMJlegalCultivation

http://www.normlinarizona.org/appoi...-prop-203s-affirmative-defense-emory-caudill/

 

[Tardbuster]

Everyone should apply for an exemption from the 25 mile rule. Dont let some failed practitioner sell you a worthless "Unauthorized to cultivate" dispensary access card.

How do you receive an excemption?
No dispensary within a 25 mile radius grows Cannabis that suits my medical needs. I require soil grown cannabis grown under wide spectrum lighting, free of pesticides, free of additives, and containing a minimum terpene, thc, cbd content and Brix capacity. Anything short of my requirements A: does not treat my condition B: has direct negative mental and physical side effects.

I am officially "allergic to hydroponically grown Marijuana, and Marijuana grown with hydroponic industry chemicals". It required a bit of work, and a bit of $ in test results. Proving an entire industry is based on contaminated weed. Having to purchase artificialy scented Cannabis, and the hydro store product used to create the smell, and present the smell test to a board.

It was implied Im not to discuss this. Let them take it away. And all the magazines Ive reached out to will have their stories.

 

[jipp]

i heard this year they suppose to remove the 25 mile rule which really ruined the medical here. if you ask me.. may as well have a pharmacy on every block, oh wait!