Phoenix Police to Medical-Pot Community: "Medibles" Will Be Tested for Extracts

Categories: Medical Weed

honey-cannabis-crop.jpg
Image: Ray Stern
Cannabis-infused honey, made by Uncle Herb's Health Center in Payson
Watch your step, medical-marijuana users:

Phoenix police say they might bust you for holding the wrong kind of cookie.

In researching this week's cover story about marijuana food products and concentrates, "Half Baked," New Times asked police to clarify their position on the preparations of marijuana not protected by the Arizona Medical Marijuana Act.

Patients and dispensary operators won't like the answer, though it might not surprise them.

See also:
- Medical-Pot Edibles Are Legal, but Prosecutors and Cops Aren't Backing Off

As our article discusses, police and prosecutors around the state decided on their own to interpret the 2010 law as forbidding marijuana extracts. Their theory, untested in courts, is that while the AMMA allows qualified people to possess marijuana buds and "any mixture or preparation thereof," an older law defining the "resin extracted" from marijuana as a "narcotic" still applies.

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Based on advice from the Maricopa County Attorney's Office, says Phoenix police Sergeant Steve Martos, Phoenix police will continue to treat this "narcotic" as a felony for people registered to use marijuana medicinally under state law.

Hashish, hash oil, and "kief" are out. Even a basic preparation like strained cannabutter is disallowed for patients, Martos told New Times in an e-mail.

Police are prepared to use the crime lab to determine whether marijuana-infused food and drinks were made with a concentrate, he says.

See below for Martos' e-mail in full:




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55 comments
_McShyster_
_McShyster_

Another issue the COPS and PROSECUTORS will surely exploit -- thanks to the pathetically incompetent wording of Arizona's mmj law -- is the WEIGHT issue.

Most any Cookie, Brownie or other edible weighs MORE than the pathetic 2 ounces allowed by law ... that's 1/2 of one stick of butter, even if it were made with crushed leaf/bud.


dtmac
dtmac

I will never again vote for any bond that benefits the Phoenix Police Department. They do not respect the will of the voters. Bill Montogomery also does not respect the will of the voters, he thinks the answer is not only cannabis prohibition, but also alcohol and tobacco prohibition. He should be recalled.

pgeller
pgeller

Interesting how they consider 'marijuana', a slang term for cannabis, a medicinal drug yet consider 'cannabis' which is the scientific name for marijuana, a narcotic.  Guess this is what you get when your LE agency is huked on pheenix.....

sharonday5
sharonday5

Fuck Bill Montgomery...This law plus the 25 mile rule WILL be overturned by we the people!!!  In fact Fucker AZ WILL have full legalization by 2014 in full effect beginning 2015. So put that in your pipe and smoke it Bill!!!!!!


Caroline Maul
Caroline Maul

now wouldn't that be a waste of money? Just like the drug testing law for those on public assistance, which already proved a failure after one year, just like the law in Florida has proven to be a money pit for 2 years running. So another step just to waste more tax dollars at the song and dance of the religious whack-a-doos in our state congress and Arpaio..the biggest whack-a-doo of them all. The Republican Party....the party of needless taxes. Time to take back the name "tea party" so that event doesn't get tarnished forever in the annals of history.

Brandon Doyle
Brandon Doyle

Medical Pot Community to Phoenix Police: "Grow up"

elmergantry71
elmergantry71

The lousy narc asserted:

"The resinous material does not look like plant material, nor does it contain the features in place for us to look at so we do not call it marijuana. Testing the hashish in the lab will allow us to identify THC and other cannabinoids which is how we arrive at classifying the material as cannabis (narcotic drug) vs. marijuana."

To which I retort: I don't think the lab can do squat if there is even some vegetable material in the sample. They probably don't even have validated methodology for differentiating between hash and pot, since essentially there is none. You think they can prove difference between 20% THC bud and 30% ice hash or dry sift after it's been incorporated into an edible? Well, your lab people will meet the defendants' lab people in court. There will be vegetable particles in both kinds of sample. You might be able to tell stuff made with hydrocarbon (e.g. butane) extract from the rest, MAYBE, assuming a bit of random leafy material isn't added just to fuck with the lab people. 

That all assumes your questionable premise holds up. Horne's other gambits don't have a very good track record so far. That's because he usually decides based on politics instead of facts.

So, in short, I'm looking forward to you guys getting your hats handed to you in court. That will be greatly gratifying.

lycwyd
lycwyd

Great use of taxpayer funds you fucking nimrods.

Ben Boyer
Ben Boyer

How will they test it and know the difference... Will each officer present take a bite? Maybe give some to the K-9 Dog, if anyone or thing will know it will be tbe dog.

Marie Pagoria
Marie Pagoria

For real why did we even pass it if it's gonna be like this....

Marie Cress
Marie Cress

LOL, don't they have better things to do than to take someone in to test their cookie or brownie? Get over it.

Kahdija Delania Wells
Kahdija Delania Wells

Without these kinds of revenue generating traps how will law enforcement fund or justify their budget for all that overtime payroll, cutting edge technology combat (war) gear, weapons, urban tanks, helicopters, boats and special training ops? Let's not forget the private prison profiteers who gain forced laborers from incarcerations. Who has the lowest unemployment rate? Prison inmates doing slave labor.

One_Pro_Se
One_Pro_Se

Me and all my friends will now be carrying two things in our cars. A fat roach to stink the car up and a few fresh home made brownies and cookies. Have fun sorting that shit out phxpd! Let the litany of lawsuits begin!!

I myself have probably the biggest civil suit in the state regarding the raids at my location. Calculated at $1108 per day in losses. It's been over two months that I have had to close my business doors because of this clearly personal decision made by Bill M to prosecute law abiding patients by any means necessary.

Let's see how much of your tax paying dollars he wants to waste trying to prosecute me, and my 1000+ patrons who ALL signed a written statement saying they would defend the vapor lounge in court if need be.

The only crime being committed is on behalf of those not respecting the voter's wishes, twisting the wording of the law for their own personal benefit.

I won't take a plea deal.

See you in court Arizona!!

We WILL win this!!

Johnny Errl Hammond
Johnny Errl Hammond

Maybe someone at Phoenix New Times could find us a different definition of ANY that differs from ANY definition of the word ANY that ANY one has ever seen before......ANY PREPARATION THEREOF.

tatd420girl
tatd420girl

tomato paste, orange juice concentrate , bullion cubes,  4 x laundry soap, ...  nothing different just a different  product ....   if you wanna go there, take all of these items off the market too.. thanks, play fair and come again :)

Gary Rawson
Gary Rawson

Bill Montgomery is mad the law passed at all. He will lead the way for law enforcement to keep this ridiculous and untenable position that cannabis is not marijuana and marijuana is not cannabis and ANY PREPARATION doesn't mean ANY it means NONE NADA ZIP IF you do ANY kind of preparation NOW it's illegal....all I can say is WHAT THE FUCK!

David Briggs
David Briggs

You know, there are patients that can't smoke. Technically, government-approved Marinol falls under these guidelines. Sounds like selective prosecution to me.

Katie Victoria
Katie Victoria

Ok, stop the patients from a safer way of ingesting than smoking the buds...smart...end this stupid fucking prohibition

Alex Andor
Alex Andor

fucking ridiculous, absolute waste of time. i guarantee someone will be raped, robbed, or murdered before the end of the year- but hey at least the phoenix phucking police dept is testing FUCKING EDIBLES.

Timothy D Little
Timothy D Little

another waste of tax dollars. More GOP tactics. to the loser goes the tantrum.

Michael Rizzle
Michael Rizzle

Biggest waste of time ever....Law Enforcement and the Puritans need to accept that they've lost this battle....Next stop is total Legalization.

Mahira863
Mahira863

<!--my neighbor's mom makes $87 hourly on the computer. She has been out of work for 10 months but last month her pay was $12230 just working on the computer for a few hours. linked here.................ℬuzz55.ℭom-->

Cozz
Cozz topcommenter

Can't wait for the law suits to start happening because of they're petty bullshit and ignoring the will of the voters, once again.

hitb4uhit
hitb4uhit

These cops and prosecutors are another example of what happens when you live in a state with NO COMMON SENSE! So the taxpayers and an unlucky patient will have to spend more money to get a court to tell law enforcement how to READ! ANY PREPARATION THEREOF!!!!!!

eric.nelson745
eric.nelson745 topcommenter

How can the feds continue to insist that THC is a Schedule I substance? They say it has no medicinal properties. How can anyone at DEA, in particular the administrator herself, spout any of that nonsense with a straight face? Indeed, how can O continue to prosecute weed merchants? All of these claims are absurd on their face. Washington State and Colorado seem to have the right idea. Not only that, but don't the popo have enough crimes to solve without messing with hemp heads? Ridiculous.

Flyer9753
Flyer9753 topcommenter

Wait a second.. making a resin extract to use in food is nothing more than a way to prepare (and therefore be a 'preparation') marijuana for use.

So how is this NOT covered under "any mixture or preparation thereof,"... 

This is a voter approved law.. what happened to republican/teabagger (the people who run most of our state at all levels) respect for the law??? 

jeanjb
jeanjb

as long as the teabaggers and my parents vote,we will be boned!

80 year olds shouldn't vote, their lives are over,quit fucking the young!

your gonna die soon anyway

phxjustice
phxjustice

I think the Phoenix New Times should ask the Phoenix PD and other law enforcement agencies if they are attempting to circumvent the will of the voters in order to keep their cash cow going?

_McShyster_
_McShyster_

@elmergantry71 ... so tough guy, why don't you VOLUNTEER for the FELONY prosecution test case, by walking into the Police department with an ounce of Hash Oil in your hand.

Let us know how that works out.


One_Pro_Se
One_Pro_Se

Think of all those people who by all accounts have done nothing to break the law, sitting in jail, waiting for someone to fix this.Talk about a failure of "due process", when one has to suffer before being convicted of a crime, when people are punished with jail time and fines prior to any determination by a judge, there is no "due process". There is no "interest of justice".Shame.

royalphoenix
royalphoenix

@Flyer9753  As long as republicans and democrats keep getting elected, nothing will change. Nickel bag is the best at not listening to the voters. peace

frijoles
frijoles

@Flyer9753 One doesn't "make" a resin extract. resin exists and it is extracted.

eric.nelson745
eric.nelson745 topcommenter

@jeanjb Damn, you're so right. I just hate old people like everything! And I'm old as the hills! We need to just get the hell out of the way and enjoy our "golden years."

One_Pro_Se
One_Pro_Se

AZ has three prisons that must maintain 100 capacity or we, the citizen tax payer pay a penalty, essentially a low crime tax.

Look it up. CCA had the contract for all three.

Number one reason our prisons are full to capacity, non violent drug offenses, and those are mostly cannabis/marijuana crimes.

eric.nelson745
eric.nelson745 topcommenter

@phxjustice Yes. Those federal bucks for drug interdiction help to pay a lot of salaries. If it goes away, a few jobs will go "poof!"

One_Pro_Se
One_Pro_Se

So one DOES make the extract by your own definition, right? It doesn't extract itself. The legal definition of extraction is, "by mechanical separation." Mechanical, the definition, includes "by hand".

Any questions?

Flyer9753
Flyer9753 topcommenter

@frijoles @Flyer9753 

Incorrect. 

In the English language the act of extracting the resin is 'making' it. It could also be called 'preparing' it and all 3 are correct.


One_Pro_Se
One_Pro_Se

They also make up 40% of the patient count.

Learn

phxjustice
phxjustice

@eric.nelson745 I guess with all of those federal dollars coming in that prosecutors and law enforcement agencies no longer need RICO dollars and/or "seized" funds.

One_Pro_Se
One_Pro_Se

It just needs you to "extract" it, correct.

Flyer9753
Flyer9753 topcommenter

@youreaneslstudent @Flyer9753 @frijoles 

LOL - what's that make, 5 bogus anon accounts in less than a week just to comment to me??? ROFL!!

The truth I post must really be getting under your skin.

Good, I'll post more.

One_Pro_Se
One_Pro_Se

Wrong, they have seized cars, cash and all sorts of items from people.

They took just over 10k in cash between my two raids. Over 10k in glass alone from the vapor lounge and they destroyed it all without testing it. Some of those pieces were given to me that day from Bent Glass here in phoenix.

Shorty police work, at best.

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