Final Rules on Prop 203 Out; Dispensaries Must Make Pot-Infused Products In-House

Categories: Medical Weed
pot gold leaf 1.jpg

The state Department of Health Services has published its "final" rules intended to guide and maintain the medical-marijuana system approved by voters last year. Whether the rules will be challenged in court remains to be seen.

We glanced through the new rules this morning, but realize that many of you -- having taken classes, attended seminars, or tried to start a pot-related businesses -- will be fully capable of dissecting them.

We were interested in learning two things right away: Is the process of obtaining state approval to possess medical marijuana still relatively easy? And how will the state deal with the hordes of wanna-be pot-shop owners when the new law calls for a maximum of 124 stores?

The answer to the first question appears to be "yes." A physician simply will conduct an in-person exam of the patient, review the medical records, then -- if the person appears to qualify -- sign off on the recommendation.

The applicants of would-be dispensary owners will be reviewed for various criteria. As before, if more than one applicant comes in for a state-designated license (based on geographic locations called CHAAs) the state will select the lucky winner at random.One thing that has changed, however, is that pot-infused products -- like brownies -- must be made on-site at the dispensary.

State officials will hold a news conference this afternoon to explain the rules. Officials said previously that applications for cards will be accepted starting in mid-April.

(UPDATE -- This article has been changed from the original -- we had to correct the part about the lottery system being ditched. As mentioned, it's still in place.)

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My Voice Nation Help

92 pages of hoops to jump's a start but still easier to just buy it privately without the Government red tape..


I don't know if I have enough ink? Well, there will be challenges to department’s rules. What part of staying within the guidelines of the law does Mr. Humble and staff do not understand? I knew the department’s people thought they had a free pass to make and pass any rule they wanted. I haven’t researched it in a while.. I had hope that they wouldn’t be so foolish. But I did come across something relating to state agency rulemaking policies under the state. Short version.. all rules and even some laws have to go through a review committee to be approved. They must be within the guidelines, and the intent of the law. Here’s the thing that same law that gives the ADHS right to create “rules” has been given, but also states that the department is exempt.(for prop. 203 for a year) Well, if you look into the whole review committee, under the Arizona Law there are only a selected agencies that are exempt from the rule making review committee, and guess what… ADHS is not one who is exempt from the rule making review committee. And any rule that is created that is in conflict with the law, or an administrator who has gone above their authority are invalid. And its pretty specific that ALL rules are subject to the committee, and that you don’t have to file a suit to get them to start the review.

What’s really bad is that our legislatures are trying to go around prop 203 privacy language with HB 2585. They started with the ARS 36-2602 that allows any doctor or health care professional to see if you or anyone is receiving Schedule 2-4 drugs. It’s a persription-monitoring program. The law doesn’t have Schedule 1, so they couldn’t add medical marijuana to the existing law. The privacy portion in Prop. 203 clearly states that information relating to patients will not be shared or accessible to anyone besides the patient, doctor, dispensary, and the health department. And the whole employer protection law.. HB2541. You can be fired for looking “rough” or possibly be on any legal prescription. Not even MM... I can see the claims from people being terminated, and not even having being a patient under Prop. 203. I took a muscle relaxer the night before, but your employer says… under a good faith belief. We can terminate you, and not even follow through with any kind of state recourse for being fired for a prescribed medication. SCARY STUFF!

J Curwen
J Curwen

I'm afraid you've caught the gist of the rules. If you qualify as a patient, the process should be straightforward. If not, (or even maybe if) you're probably better off buying black market anyhow. The main benefit of that card will be it will keep you out of jail.

The costs for dispensary agent cards are high. The whole fingerprint w/background check will be a pain, but manageable.

Ancillary benefits may include medical pot being a huge pain for narcs & prosecutors going forward until the state finally eases up on pot across the board. Really it's a win for everyone except a lot of folks who had hoped to open mom & pop shops.

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