The Judge heard the case today to shut down the entire AMMA

Will be up to 3 weeks for his decisions apparently. We might all be finished soon.

http://www.arizonamarijuanadispensary.com/montgomery-fights-to-shut-down-the-amma-in-court-today/

Didn't Jan Brewer try to do the same thing last year? I've never heard of a state dropping the program once its been become a MMJ state.

Then again, I just hope it doesnt happen because I've ivested a lot of time and money to become as legal as I can! =\

I read it differently. This isn't the first test of the AMMA.

Any adjudication here may be strictly limited to any state authorization by state or local government for anything related the cultivation and distribution of cannabis. The plaintiff has standing, and is sueing the county where the county attorney is a defendent. I expect any ruling here to be limited. It seems to that the Maricopa County Superior Court doesn't need to weigh in on the federal question at all, only state legality.

Gonzalez v. Raich is settled law. The Pack Decision was tossed, and there are so many conflicting decisions out there but the trend is towards liberalization.

Meaning....voter will.

As I understand it, these superior court judges aren't very good. Even if a negative overreaching decision is made, expect a successful appeal. I think this is still the land of Goldwater.

The baby boomers are in power with a few old timer holdouts. THAT is why we have Obamacare and Bush's $2 Trillion Medicare Reform Act. These Boomers are all about taking care of themselves, so trust me...that will including safe access to cannabis.

The sky is not falling yet chicken little I hate to say it but I agree almost 100% with j9. But I hope you are right and they shutdown the Amma.

irieie said:

The sky is not falling yet chicken little I hate to say it but I agree almost 100% with j9. But I hope you are right and they shutdown the Amma.

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Why in the world would you want them to shut down the AMMA?

No more caregivers, no Dispensaries, no patients.

I think dispensaries are conflating the AMMA with dispensary business for messaging its own interests. Whatever, NBD.

If I can get meds from places like Elements whilst I learn to grow, I won't care if dispenaries open or not.

Bill Montgomery reminds me of a high school dean of students.

I voted for Flake, and a few "R"s. Bill is a COWARD for hiding behind the federal skirt. What a wuss. He is no Goldwater.

Lucius Vorenus said:

Why in the world would you want them to shut down the AMMA?

No more caregivers, no Dispensaries, no patients.

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The whole AMMA wouldn't be shut down, just certain portions like the dispensary.

I thought it was common knowledge now that the state can't overrule a proposition that's been voted for by the people.

The Drug Free AZ group would have to sponsor their own proposition, collect signatures, and hope it passes to completely repeal things.

I think there is also a provision where 70-75% of the state legislature can overturn a prop too, but I've heard that will never happen. (never say never I suppose).

Lucius Vorenus said:

Why in the world would you want them to shut down the AMMA?

No more caregivers, no Dispensaries, no patients.

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There would still be patients and caregivers it would just not be controlled by the state . If they shut down the azdhs portion of the Amma which I am referring to when i say shut down the Amma, there is a provision in the law to maintain patients legal authority to possess use and grow their own medicine. If the judge rules against the program, it has no effect on the laws maintaining patient rights but rather it dictates to the state it has no authorization to implement the program which in my opinion has too much oversite if the dispensary portion Is in effect.

J9BLACK said:

I think dispensaries are conflating the AMMA with dispensary business for messaging its own interests. Whatever, NBD.

If I can get meds from places like Elements whilst I learn to grow, I won't care if dispenaries open or not.

Bill Montgomery reminds me of a high school dean of students.

I voted for Flake, and a few "R"s. Bill is a COWARD for hiding behind the federal skirt. What a wuss. He is no Goldwater.

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What are you picking up from elements? What's good there these days?

irieie said:

There would still be patients and caregivers it would just not be controlled by the state . If they shut down the azdhs portion of the Amma which I am referring to when i say shut down the Amma, there is a provision in the law to maintain patients legal authority to possess use and grow their own medicine. If the judge rules against the program, it has no effect on the laws maintaining patient rights but rather it dictates to the state it has no authorization to implement the program which in my opinion has too much oversite if the dispensary portion Is in effect.

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This post gives should remind us there is hope for patients.
I have heard this topic mentioned before but I have never seen any writing to back it.
Do you have a link on the topic?

"If they want it let them grow it themselves," is the best solution considering that is how it has been for the last 2+ yrs...

I imagine the coming election will also be weighing in on this outcome.

California had MMJ since 1996, with Bush in power from 2000-2008. The heaviest crackdown to date has been by the betrayer Obama, a democrat.

Romney is MMJ hostile, but he is no king. Some of our governors would take exception to an attack on patients within the state. It would make the state leadership look weak, and hurt re-election. No, I don't see a Mormon future but a future of secular humanism. Romney would need to focus on the economy and budget. Social issues are not a priority right now for most people.

The national numbers are irrelevent. Obama will win, I think. But if not, Romney can't be much worse than Obama. Without having to win re-election, Obama can have cannabis rescheduled and only be better in his second term.

Chronicseeker said:

This post gives should remind us there is hope for patients.
I have heard this topic mentioned before but I have never seen any writing to back it.
Do you have a link on the topic?

"If they want it let them grow it themselves," is the best solution considering that is how it has been for the last 2+ yrs...

I imagine the coming election will also be weighing in on this outcome.

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Go and read the law on azdhs website and find what happens when a patient submits a doctors rec and is not processed by the state in 45 days( I may be incorrect on the number of days). What happens is the doctors rec becomes authorization after the timeframe listed has been exhausted. So if there is no dhs program issuing cards, then your doctors rec becomes your card. It is not really the states decision to allow patients to possess or cultivate. There are clear parameters where they may or may not authorize cultivation rights or approve a patient application. These decisions are in the laws dhs is just there to implement them. So all the judge can say is that the state (dhs) can no longer implement the law. He could not change the law just the way it is implemented.

arizona drags their feet only to shoot them at a later date. awesome.

Regardless of the Judge's decision, both sides will have multiple appeals organized...
Looking at how Brewer has been trying to pad the judge selection in AZ, I have my suspicions about the outcome of this case.
Go Corruption, JK.

rckjames said:

Didn't Jan Brewer try to do the same thing last year? I've never heard of a state dropping the program once its been become a MMJ state.

Then again, I just hope it doesnt happen because I've ivested a lot of time and money to become as legal as I can! =\

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and now the state,and local law have all your info ...how convenient for them

robert 14617 said:

and now the state,and local law have all your info ...how convenient for them

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Interesting point...
If AMMA is overruled does AZDHS still have to provide protection of patient information? i.e. does HIPPA still play a role in an expired program?
I can see Will Humble handing out expired patient info to law enforcement.
W/O AMMA, I assume there would be no caregivers as well since they are reviewed/approved by the health department.

Chronicseeker said:

Interesting point...
If AMMA is overruled does AZDHS still have to provide protection of patient information? i.e. does HIPPA still play a role in an expired program?
I can see Will Humble handing out expired patient info to law enforcement.
W/O AMMA, I assume there would be no caregivers as well since they are reviewed/approved by the health department.

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Patient confidentiality while affirmed by HIPPA does not derive it's legal authority from there. There is a specific statute in the Amma stating the confidentiality of patient information. Even if the azdhs program is shut down, if any personal patient information was released, there would be very fertile grounds forma large class action suit against the state. It would have over 30, 000 plaintiffs.

Chronicseeker said:

Interesting point...
If AMMA is overruled does AZDHS still have to provide protection of patient information? i.e. does HIPPA still play a role in an expired program?
I can see Will Humble handing out expired patient info to law enforcement.
W/O AMMA, I assume there would be no caregivers as well since they are reviewed/approved by the health department.

Click to expand...

Very simple...

All portions designated to the "program" would simple become void!

No $150 for patients to get a Bullshit ID card and NO $200 to the AzDHS for a Bullshit ID card!!

The cards will cease to exist - the right case has not shut it down!

The State has no power to issue a license against the Federal Books! Read the constitution! The elected officials shall be held accountable for their mistakes which will be through new legislation!

Why doesn't some pothead start running for a elected position in AZ?

I would vote for him!

We need Drug Policy Reform in AZ!! That simple! We would all not be worried about a Fucking MMJ ID if MJ was not a felony!! Marijuana needs to be decriminalized in this state First!! Then lets worry about the MMJ Act! That is my opinion! Seeing many friends being convicted and sent up State is no joke! We need drug rehabilitation for users not prison time! A first time offender can participate in a "Diversion Program" and have felony dismissed after completion of set (mandatory) terms are completed! This is an attack on the user! They need help; NOT prison! We should be educating and helping not destroying family and imprisoning folk! This is the craziest times in the War of Drugs! Name 1 person who has not been affect by the policies made since the War on Drugs was declared? Southern folk and the Americans have felt the strong arm of aggression to control this illicit trade! (Fast & Furious) YES the War on Drugs was created to control the illegal and legal traffic of drugs in North America!! Don't be fooled!

Stand for Our rights! Remember Cali when MMJ was first introduced - many arrests were made, many folk were put in prison, many protests !

Actually legislation to change marijuana possession from a felony to a misdemeanor was attempted to be brought to the state legislature but it was not even heard in committee. This was directly after prop 203 was voted in and took effect. It will be a long time before the state legislature even considers reducing possession charges let alone passing decriminalisation. Why do you think it took multiple ballot initiatives and changing the law to protect voter approved initiatives to get medical marijuana which is just a fucking excuse for people not to be persecuted by society for growing and smoking a fucking plant.