Would you support litigation to remove the 25 mile rule from the AMMA?!

Would you support litigation to remove the 25 mile rule from the AMMA?

  • Yes, I would support litigation to remove the 25 mile rule

    Votes: 21 100.0%

  • No, I would NOT support litigation to remove the 25 mile rule

    Votes: 0 0.0%
  • Total voters
    21
  • Poll closed .
Bill Hayes

Bill Hayes

Active Member
The question is just that, if someone was to file a lawsuit attempting to have the "25 Mile Rule" removed from the Arizona Medical Marijuana Act, would you support that litigation?

Please discuss it here as it unfolds...:leaf:
 
Bill Hayes

Bill Hayes

Active Member
We will tally the votes from all five poll site locations once the poll is closed,

thank you for your participation
 
phxfire

phxfire

New Member
Bill Hayes said:
We will tally the votes from all five poll site locations once the poll is closed,

thank you for your participation
Click to expand...

Why a POLL?

It needs to addressed! Simple as that!

I would say it needs to be Amended!



41-1034. Declaratory judgment
A. Any person who is or may be affected by a rule may obtain a judicial declaration of the validity of the rule by filing an action for declaratory relief in the superior court in Maricopa county in accordance with title 12, chapter 10, article 2.
B. Any person who is or may be affected by an existing agency practice or substantive policy statement that the person alleges to constitute a rule may obtain a judicial declaration on whether the practice or substantive policy statement constitutes a rule by filing an action for declaratory relief in the superior court in Maricopa county in accordance with title 12, chapter 10, article 2.


:leaf:Last I looked there were several rules amended through this process for A Dispensary Applicant!!:leaf:


Arizona Constitution
Article 2 Section 13

Equal privileges and immunities:
Section 13
No law shall be enacted granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which, upon the same terms, shall not equally belong to all citizens or corporations.

Would find the 25 Mile Rule Unconstitutional by filing an action for declaratory relief in the superior court in Maricopa county!!!

Solved!!

http://www.azleg.gov/ars/41/01034.htm
 
I

irieie

Well-Known Member
i am unaware of you future plans but i think that no matter what you do getting rid of the 25 mile rule would be beneficial to your business and the health of the industry as a whole. growing pot has been illegal for a long time and people have grown it for just as long. by making this quasi legal system where the only producers are the sole retailers does not make sense. if supply is broadened then that would ensure a higher quality product and in turn a higher demand. there are also the feds to consider. the 25 mile rule will force dispensaries to expand their production scale which in turn could draw unwanted attention from the feds. the 25 mile rule also makes it harder for the currently operating clubs to exist. deregulate the market and it will grow which is best for both producers and consumers.
 
A

AZCS Bryan

Active Member
phxfire said:
Why a POLL?

It needs to addressed! Simple as that!

I would say it needs to be Amended!

Maybe with all that revenue you folks can file the following -

41-1034. Declaratory judgment
A. Any person who is or may be affected by a rule may obtain a judicial declaration of the validity of the rule by filing an action for declaratory relief in the superior court in Maricopa county in accordance with title 12, chapter 10, article 2.
B. Any person who is or may be affected by an existing agency practice or substantive policy statement that the person alleges to constitute a rule may obtain a judicial declaration on whether the practice or substantive policy statement constitutes a rule by filing an action for declaratory relief in the superior court in Maricopa county in accordance with title 12, chapter 10, article 2.


:leaf:Last I looked there were several rules amended through this process for A Dispensary Applicant!!:leaf:


Arizona Constitution
Article 2 Section 13

Equal privileges and immunities:
Section 13
No law shall be enacted granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which, upon the same terms, shall not equally belong to all citizens or corporations.

Would find the 25 Mile Rule Unconstitutional by filing an action for declaratory relief in the superior court in Maricopa county!!!

Solved!!

http://www.azleg.gov/ars/41/01034.htm
Click to expand...

Thanks for your support.
 
Bill Hayes

Bill Hayes

Active Member
many of you are sooo close.

This thread must now switch gears...

please write a brief statement as to WHY the 25 mile rule should be removed from the AMMA.

These statements WILL be included as evidence of the "status quo".

Please be coherent, brief, professional, remember these WILL be read by a judge.

NOW is the time to start going to NORML meetings, camp 420 etc and start getting support from larger groups in the industry, tell everyone..

"it on paper, it WILL be filed this week"

FYI, we are skipping the state legal system all together, this WILL be filled in FEDERAL COURT.

named: Gov. Brewer, Will Humble and Mr Halliday from DPS.

cause: injunctive relief

case:

relief:




more info as the day goes on...
 
phxfire

phxfire

New Member
Bill Hayes said:
many of you are sooo close.

This thread must now switch gears...

please write a brief statement as to WHY the 25 mile rule should be removed from the AMMA.

These statements WILL be included as evidence of the "status quo".

Please be coherent, brief, professional, remember these WILL be read by a judge.

NOW is the time to start going to NORML meetings, camp 420 etc and start getting support from larger groups in the industry, tell everyone..

"it on paper, it WILL be filed this week"

FYI, we are skipping the state legal system all together, this WILL be filled in FEDERAL COURT.

named: Gov. Brewer, Will Humble and Mr Halliday from DPS.

cause: injunctive relief

case:

relief:




more info as the day goes on...
Click to expand...

Should work!! Why would it not..

My question is...

Why drum up all this attention? Why not file the paper work? I am sure there is Enough Evidence to get a reaction from a judge!

This week!! Really?
 
A

azcaregiver

Member
Posted on hydrobreed also-

I am a patient and a caregiver for 5 people. A couple of my patients have had back surgery, one is a veteran who broke his back in the military. The cannabis I provide my patients with helps them out, one of my patients has completely stopped taking pain pills because of the cannabis.

Being a caregiver I provide them with 1 oz per month free medication. I am able to do this because of cultivation rights. Taking away our cultivation rights means they will have to buy it from a dispensary at ridiculous prices that they cannot afford.

This is not right and it is not constitutional. The medical marijuana law was passed to help patients, not to help dispensary owners get rich.
 
A

AZCS Bryan

Active Member
Just a heads up, I am watching these threads, and any "open letters" are getting cut and pasted into the submittal process. Please keep them coming, if you are against the 25 mile rule, use the most powerful tool you have, your voice!
 
P

ProDroAZ

Member
I support repeal of the 25 mile rule restricting cultivation of medical marijuana. This restriction is counter to the interests of nearly every medical marijuana patient in the state as well as placing undo burden on the department of health services as well as local law enforcement. It creates confusion and inequities for individuals who happen to live where they do by choice before this law was enacted. Regulating marijuana will be enough for the state, enforcing such a poorly drafted rule will further entangle the state and patients alike in a web of conflicting regulations. The rule also pits patients rights against the interests of dispensary operators which can only be regressive and counterproductive. Will dispensary operators inform on known patients in their CHAA to law enforcement when they have not been purchasing medication at their location or if they hear through the grapevine of them growing or sharing medication. Furthermore, my rights as a patient is largely a right to self-medicate which includes the right to self-control over my medication's quality and dosage. This is not a right I will be relinquishing to anyone. Most everyone including dispensary operators and contract growers are walking around with artificial fragrances, pet hair and other potential pollutants which must be isolated from my medication. I do not entrust anyone with producing or supplying my medication anymore than I trust anyone with supplying most of my food by growing my own. Many patients who do not drive, yet are mobile enough to garden, must be allowed to produce their own without restriction or penalty. Growing one's own cannabis medication can save an individual $12,000-25,000 yearly, based on current market prices and legal purchase limits. Arizona can lead the way as a champion of patients rights by refining this legislation to reflect that spirit.
 
foulmouth666

foulmouth666

Member
ProDroAZ said:
I support repeal of the 25 mile rule restricting cultivation of medical marijuana. This restriction is counter to the interests of nearly every medical marijuana patient in the state as well as placing undo burden on the department of health services as well as local law enforcement. It creates confusion and inequities for individuals who happen to live where they do by choice before this law was enacted. Regulating marijuana will be enough for the state, enforcing such a poorly drafted rule will further entangle the state and patients alike in a web of conflicting regulations. The rule also pits patients rights against the interests of dispensary operators which can only be regressive and counterproductive. Will dispensary operators inform on known patients in their CHAA to law enforcement when they have not been purchasing medication at their location or if they hear through the grapevine of them growing or sharing medication. Furthermore, my rights as a patient is largely a right to self-medicate which includes the right to self-control over my medication's quality and dosage. This is not a right I will be relinquishing to anyone. Most everyone including dispensary operators and contract growers are walking around with artificial fragrances, pet hair and other potential pollutants which must be isolated from my medication. I do not entrust anyone with producing or supplying my medication anymore than I trust anyone with supplying most of my food by growing my own. Many patients who do not drive, yet are mobile enough to garden, must be allowed to produce their own without restriction or penalty. Growing one's own cannabis medication can save an individual $12,000-25,000 yearly, based on current market prices and legal purchase limits. Arizona can lead the way as a champion of patients rights by refining this legislation to reflect that spirit.
Click to expand...

Well said!
 
U

UnderBelly

Active Member
I totally support your endeavor against the 25-mile rule, but I'm finding it very hard to be optimistic. In order for the DHS to change that part of the rule it will almost certainly require a ballot initiative. A ballot initiative, I should not have to point out, runs the risk of eliminating the MMJ program altogether. My sincere hope is that your lawsuit helps delay dispensary authorization a bit longer. I'm not expecting much more than that unfortunately. It's not clear that you have standing to press the lawsuit you have pending, for two reasons: 1. No dispensary has begun operating and 2. You haven't been denied your cultivation card as a result. Essentially, the damage for which you are seeking relief hasn't been done to you, and I expect a judge to tell you that the court cannot correct any harm that hasn't actually been done.

I wish I could believe otherwise, but my current plan to address the 25-mile rule involves moving to Colorado. Hopefully I'll have another year to prepare for that. Or maybe you'll win and I won't have to do that.

Despite my pessimism, I'm willing to make a small contribution to your cause.
 
PixiDustr

PixiDustr

Active Member
This is my thinking also.
UnderBelly said:
I wish I could believe otherwise, but my current plan to address the 25-mile rule involves moving to Colorado. Hopefully I'll have another year to prepare for that. Or maybe you'll win and I won't have to do that.
Click to expand...
 
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