What can a patient do about the "25 Mile Rule" ?

Hello All

I want to start this thread so those of US folks worried about our right to cultivate 12 plants under the AMMA as a patient or caregiver.

Until recently folks were unaware or just didn't know what the "25 Mile Rule"* is or was or will be in the future!

We are about to see the 1st dispensary in Arizona soon. This is a GREAT thing. But with this great thing there are folks being forced into dispensaries simple because of where they live. This is not fair nor is it right and equal. "No law shall be enacted granting to any citizen, class of citizens, or corporation other than municipal(court), privileges or immunities which, upon the same terms, shall not equally belong to all citizens or corporations."**

Proof the Department of Health is working with dispensaries to help fund their own program! Below!

36-2804.04(C)
C. If the registry identification card of either a qualifying patient or the patient's designated caregiver does not state that the cardholder is authorized to cultivate marijuana plants, then the department must give written notice to the registered qualifying patient, when the qualifying patient's registry identification card is issued, of the name and address of all registered nonprofit medical marijuana dispensaries.

TIT 4 TAT The AzDHS is sending patients to the dispensaries and the dispensary is paying the AzDHS to operate...

I call for the State employees to be arrested for aiding a monopoly against patients... Maybe this would scare the program director to do what is Fair for Patients and not their pockets! 25k registered patients and counting... $75-$150 per patient? Do the math? $1.8 - 3.7 million on the registry cards being approved. "Monies in the medical marijuana fund do not revert to the state general fund at the end of a fiscal year"*** Time to hold the AzDHS accountable for the monies being given to them. Where is this money going and who will benefit from the disposal of the funds?

The "25 Mile Rule" creates a monoply against patinets by forcing them out of their right to medicine? Where are the fundamental practices of equality? I see none. I see a business. And a business makes business decisions not equal and fair decisions.

Shall I be arrested for growing better Strawberries than the local farmers?
Shall I be imprisoned for brewing a cup of coffee within 25 miles of Starbucks?

Fight for your rights... Repeal the "25 Mile Rule"

A thought-

The best way to get a bad law repealed is to enforce it strictly.
- Abraham Lincoln



* A.R.S. 36-2804.02(f)
**Arizona Constitution - Article 2 Section 13 - Equal privileges and immunities
***A.R.S. 36-2817(C)

I am suprised the lobbyist/lawmakers got that approved. They were so focused on forcing people into the disp they ignored the basic fairness of their crappy doctrine.

And then the disps did not open. I say they are totally screwed. Everyone and their grandma can grow great MM in a pot indoors. Nobody I know will be paying 300 to 400 for crappy weed grown in a vat of chemicals.

Dont let them rent space in your head

There is sooo much mis information floating around. i'll try not to add. here's the deal - the 25 mile rule was a part of prop 203, not the government rules, and the only way that is going to change is with another citizen's initiative that modifies prop 203, or technically, you can change it if you get 3/4 of both legislatures to pass it.

the limit is in no way unconstitutional, it was not forced upon you, it was what was voted for. we could have put something else in the initiative but in order to get enough money to support the campaign they had to add ways for the companies to get paid back - thus forcing a monopoly. no monopoly, no support for the bill, no support for the bill and the bill fails and all of this is academic.

desertrat said:

and the only way that is going to change is with another citizen's initiative that modifies prop 203, or technically, you can change it if you get 3/4 of both legislatures to pass it.

the limit is in no way unconstitutional, it was not forced upon you, it was what was voted for.

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"the limit is in no way unconstitutional" ????

Not true my friend! There are other options too.. Such as a Declaratory Judgement through Superior Court or like what Mr.Billy Hayes has done through Federal Court which has brought this movement to the position it is in now... Lawsuit after lawsuit it what can get this "25 Mile Rule" repealed! If patients show no grievance who will know this rule is unconstitutional or unfair?

The municipal has the power and the power is ONLY vested in the municipal to make changes to the Act!! And the other option is what you had mentioned above; another initiative...

So will we have to give up grow rights soon then?

when your card expires

Philosophist said:

So will we have to give up grow rights soon then?

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PixiDustr said:

when your card expires

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Unless you renew before the first dispensaries open on August 7th...I believe, don't quote me on that date.

If you renew and there is an approved dispensary within 25 miles of your residence then you will be denied authority to cultivate
and the AzDHS will send you your new card with a list of ALL the closest dispensaries..!

BULLSHITTTTTTT

Guilty by association!

Lets just wait and see what actually will happen. I don't think it will be very easy for dispensaries even if they do receive permits. I have a feeling they will have a hard time with county zoning laws and I am sure they will be under scrutiny from the feds. As patients people should try and renew their cards in July just to buy you about a year to let everything straighten out.

phxfire said:

"the limit is in no way unconstitutional" ????

Not true my friend! There are other options too.. Such as a Declaratory Judgement through Superior Court or like what Mr.Billy Hayes has done through Federal Court

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If you're hoping that Bill H. is going to be the one to fix this, don't count on it too much. If it's true that he got busted with 850 plants, I will go as far as to suggest that he has done irreparable harm to the whole movement. I donated to his legal fund, but I don't want to be associated with him. 850 plants. Not sixty (caregiver with five patients). Not 12 (legal limit of patient cultivation). Not even "8 plants in bloom a flat of miscellaneous baby clones and 4 monthers." Not even 99 plants (the threshold before federal minimum sentences kick in. I hope that the report of 850 plants was a hoax, actually.

irieie said:

Lets just wait and see what actually will happen. I don't think it will be very easy for dispensaries even if they do receive permits. I have a feeling they will have a hard time with county zoning laws and I am sure they will be under scrutiny from the feds. As patients people should try and renew their cards in July just to buy you about a year to let everything straighten out.

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It occurs to me that if anyone wanted to stop a dispensary from operating, all they would have to do is call the feds themselves. If SB1070 is allowed to stand, then any deputy could shut them down under the same theory of 'enforcing federal law at the state level' which is the whole contentious element of 1070. On the other hand, if SB1070 is struck down, that could also be the vehicle by which all state cannabis decriminalization is ended.

boneheadbob said:

I am suprised the lobbyist/lawmakers got that approved. They were so focused on forcing people into the disp they ignored the basic fairness of their crappy doctrine.

And then the disps did not open. I say they are totally screwed. Everyone and their grandma can grow great MM in a pot indoors. Nobody I know will be paying 300 to 400 for crappy weed grown in a vat of chemicals.

Dont let them rent space in your head

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First, dispensary grows are not horrible and crappy, don't make them out to be so, it is not true.
Second, the reason people will pay the prices instead of doing home cultivation is the risks will, once again, involve doing something that could easily get you 5-10 years in prison and lose everything you own to civil asset forfeiture.

I don't know why the word Entrapment comes to mind every-time....

The herb at the disp will not be as good as my organic grow = crappy.
It will cost 10 times as much as mine does = crappy

That is about as unfair as it gets. Forcing me to pay for the doc and card and then letting some people grow and others not grow.

Is there ahardship doctrine? I cant afford to pay 300

boneheadbob said:

The herb at the disp will not be as good as my organic grow = crappy.
It will cost 10 times as much as mine does = crappy

That is about as unfair as it gets. Forcing me to pay for the doc and card and then letting some people grow and others not grow.

Is there ahardship doctrine? I cant afford to pay 300

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i think that the worst part about that is that the only people opening dispensaries must have $150,000 cash to even be considered for a permit. and anyone putting up that kind of money will be expecting a quick return on that risky investment and therefore will rip patients off. they will also not give a shit about the patients, all they will care about is their huge investment. the system is fucked on so many levels.

UnderBelly said:

It occurs to me that if anyone wanted to stop a dispensary from operating, all they would have to do is call the feds themselves. If SB1070 is allowed to stand, then any deputy could shut them down under the same theory of 'enforcing federal law at the state level' which is the whole contentious element of 1070. On the other hand, if SB1070 is struck down, that could also be the vehicle by which all state cannabis decriminalization is ended.

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I hope you can grow enough to support all those patients you just removed safe access from. And can produce enough phx tears to keep the sponsored people up on their doses.. How about the Mom's who are too scared to try anything other than an edible, yet its the ONLY way they find relief.

Whether you want to accept it or not there is a large percentage of people who would rather not grow themselves, OR pick it up from a local caregiver... Just like you have fears of monopolies and charging 400/oz, I have horror stories from patients getting screwed over by their caregivers.

In every walk of life there are snakes, why would you expect dispensaries to be any different?

***EDIT***

I'm leaving the rest of my post up top, but the mere thought that another cannabis user & GROWER would purposefully call the feds on another kinda makes my stomache turn. Especially on a PRIMARILY ILLEGAL weed site. Congrats, you have lowered my expectations of the human race.

but the mere thought that another cannabis user & GROWER would purposefully call the feds on another kinda makes my stomache turn. Especially on a PRIMARILY ILLEGAL weed site. Congrats, you have lowered my expectations of the human race.

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ugh... Agreed!

Does anyone care about the "25 Mile Rule"?

Does it matter if there is a dispensary if you are able to cultivate your own medicine? NO

What matters is if there is a dispensary and as a patient you are not able to cultivate and forced into going to find medicine. This is an issue mates...

I encourage ALL MMJ patients and caregivers to attend NORML meetings
and express your concerns for the Medical Marijuana Community... The PHX
chapter of NORML will be helping AZ patients fight the unconstitutional "25 Mile Rule"

Meetings are every 1st Wednesday of every month...
If you feel this rule is unbearable PLEASE join NORML and help fight for Medical marijuana patient rights..


P.S.
Dispensaries in AZ will be SOOOOOO regulated I am super surprised to see folks trying to open a dispensary...
Just to obtain medicine from a dispensary they MUST follow the rules and statues to be in compliance.. Read them...
Just labeling is a feat in itself.. And all the entries to obtain and dispense medicine.. Every patient will have a tally sheet!!
Anyone who claims the meds will be shit is FULL of it themselves. Dispensaries will produce High quality meds.. Period.
Regardless of the dent in your pocket the medicine may bring.. As long as I can cultivate my own medicine I shall have
no problems with a dispensary opening... But I can say many of us will be stuck in a bind come June... I feel bad for
patients who have invested alot of money into facilitating a grow to supply their own medicine..


“The best way to get a bad law repealed is to enforce it strictly.”
Abraham Lincoln

This quote has too much meaning to the current situation with the Medical Marijuana Community.
Compliance, compliance, compliance shall help the repealing of the
"25 Mile Rule" simple by the burden it will cause by following the law..

"An unconstitutional act is not law; it confers no rights; it imposes no duties;
affords no protection; it creates no office; it is in legal contemplation, as
inoperative as though it had never been passed."
Norton vs. Shelby County
118 US 425 p.442

An unconstitutional statue, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it.
"No one is bound to obey an unconstitutional law and no courts are bound to enforce it."

"The people are the masters of both Congress and courts, not to overthrow the Constitution, but to overthrow the men who pervert it!"
- Abraham Lincoln

phxfire said:

Anyone who claims the meds will be shit is FULL of it themselves. Dispensaries will produce High quality meds.. Period.

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The disps in Ca cant produce quality meds on a consistent basis. What makes you think a bunch of newbs will set the world on fire here in AZ.
lol they will have all sort of problems even after starting up

There is a reason why you have 1400 post and no rep.

By the way I am not anti disps. I am anti paying three hundred dollars for the right to buy MM from a state controlled disp while others may grow their own