Medical-Marijuana Dispensary Won't Trigger 25-Mile Cultivation Ban Just Yet, DHS Decides; Arizona Organix is Approved, but Not Open

Categories: Marijuana Biz

marijuana seedling 1.jpg
Image: www.weedsthatplease.com
New medical-marijuana patients in Arizona can still obtain the privilege to grow 12 of these, at least for a little while longer.

No need to put away the fluorescent bulbs just yet:

It turns out that Arizona first state-authorized medical-marijuana dispensary won't trigger a ban on patient and caregiver grow-rooms, at least in the short term.

The state Department of Health Services has granted a "short delay in the effective date for their Operating License in order to ensure that things run smoothly when they officially begin operations," writes DHS Director Will Humble this afternoon in his blog.

The length of the delay wasn't specified, but for now, new and renewing patients filing applications with the state to legally possess marijuana will still be allowed growing privileges.

The approval of Arizona Organix by state Department of Health Services inspectors on Thursday meant the dispensary could immediately begin selling marijuana to qualified patients under the state's 2010 medical-pot law. As Humble reminded the public last week, the voter-approved law prohibits patients and caregivers from growing weed if a dispensary is within 25 miles.

"Beginning tomorrow we'll be declining new 'requests to cultivate' among new cardholders in most of the metro area..." Humble wrote on November 15. Existing patients with grow rights who were within the exclusion zone would be able to keep the lights on until their annual registration cards came up for renewal.

The "25-mile rule" in the law was meant to ease the concerns of some members of the public who fear the proliferation of small, indoor pot farms.


But Organix hasn't opened yet, and the owners say it might not open for a few more weeks. We know what you're thinking -- that's total injustice for new patients, who could neither buy pot at the unopened dispensary nor grow it themselves.

At least one reader of our blog post last week about the store was none too happy with the situation:


MandyMountain
If they don't have a cultivation site yet, it will be months before they are open. Why did the DHS then quit issuing growing permits? If they set up this week end it would be at least three months from seed to harvest and another month to dry & cure.


In fact, as another reader pointed out to us today, the Arizona Medical Marijuana Act states that an "operating dispensary" within 25 miles triggers the ban on what Humble calls "self-grow." Arizona Organix may be approved to operate, but it's clearly not operating yet.

Now, the ban apparently won't begin until the place opens.



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3 comments
DonkeyHotay
DonkeyHotay topcommenter

The "25 mile rule" is the stupidest concept ever written into law. What abject idiot came up with that?

Infringing upon the "rights" of individual patients/caregivers for the forced benefit of commercial retail businesses?

Utter insanity. Only Arizona could come up with something this depraved.


malcolmkyle16
malcolmkyle16

Prohibition has finally run its course: Our prisons are full, our economy is in ruins, the lives and livelihoods of tens of millions of Americans have been destroyed or severely disrupted, and what was once a shining beacon of liberty and prosperity has become a toxic, repressive, smoldering heap of hypocrisy and a gross affront to fundamental human decency. 

 

If you sincerely believe that prohibition is a dangerous and counter-productive policy then you can stop helping to enforce it. You are entitled—required even—to act according to your conscience! 

 

* It only takes one juror to prevent a guilty verdict. 

* You are not lawfully required to disclose your voting intention before taking your seat on a jury.

* You are also not required to give a reason to the other jurors on your position when voting. Simply state that you find the accused not guilty!

* Jurors must understand that it is their opinion, their vote. If the Judge and the other jurors disapprove, too bad. There is no punishment for having a dissenting opinion.

 

“It is not only [the juror's] right, but his duty … to find the verdict according to his own best understanding, judgment, and conscience, though in direct opposition to the direction of the court.” —John Adams

 

Help create what we can no ill afford to wait for: PLEASE VOTE TO ACQUIT!

 

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