"Illegal Medical Marijuana Dispensary" Raided in Peoria

Categories: News
pure-essentials.jpg
Pure Essentials/Facebook
A post on the Pure Essentials Facebook page.


Peoria police served a search warrant at an alleged "illegal medical marijuana dispensary," leading to the arrests of five people.

A Peoria police spokeswoman says Pure Essentials, near 77th Avenue and Deer Valley Road, was leased as a "weight loss and wellness facility."

See also:
-Billy Hayes, Marijuana Activist, Busted Again in Vapor Lounge Raid

The spot wasn't licensed as a medical-marijuana facility, but the setup as described by police sounds to be a lot like the compassion-club model. Since the state's Medical Marijuana Act allows patients to transfer marijuana among themselves if nothing else of value is included in the exchange, some clubs have popped up wherein a "donation" to the club will get a patient access to the medicine.

It's long been the opinion of law enforcement around the Valley that these are actual pot sales, which would have to take place through a licensed dispensary.

According to Peoria PD, undercover detectives were able to find out that Pure Essentials was "illegally selling marijuana."

Five people between the ages of 22 and 39 were arrested on charges of conspiracy to distribute marijuana and the sale of marijuana.

Peoria police spokeswoman Amanda Jacinto says in a statement that the city's first licensed medical marijuana dispensary will be opening this week.

"Detectives will continue to investigate reports of any other facility illegally selling marijuana in the city," she says.

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Follow Matthew Hendley on Twitter at @MatthewHendley.



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12 comments
One_Pro_Se
One_Pro_Se

Hey Matthew, as a writer, you should have taken another look at that section lol.

3. For offering or providing marijuana to a registered qualifying patient or a registered designated caregiver for the registered qualifying patient's medical use or to a registered nonprofit medical marijuana dispensary if nothing of value is transferred in return and the person giving the marijuana does not knowingly cause the recipient to possess more than the allowable amount of marijuana.

Answer me this:

1- how can the person receiving it on behalf of a dispensary go over "the allowable amount"?? I'm a DA, there isn't a limit on what we can receive or carry, 1000 lbs, no problem. But wouldn't that put the person giving the marijuana to be over their limit when giving it? Since patients donated meds to start these dispensaries, allegedly

2- " For offering or providing marijuana to a registered qualifying patient or a registered designated caregiver for the registered qualifying patient's medical use OR to a registered nonprofit medical marijuana dispensary if nothing of value is transferred in return" emphasis mine, makes more sense that way doesn't it?!

Is that how you would write that paragraph Matthew ? hell run it through Word and see what happens lol.

Textual canons are rules of thumb for understanding the words of the text, or "rules" for a judge when making an interpretation decision. Some of the canons are still known by their traditional Latin names so here is the one you need to know;

Reddendo singula singulis - when a list of words has a modifying phrase at the end, the phrase refers only to the last, e.g. firemen, policemen, and the doctors in a hospital. Applied to the question at hand, 36-2811 (B) (3)  " or a registered dispensary agent as long as nothing of value is transferred." 

To really solidify it in a court room add the Rule of Lenity:

Rule of lenity Definition -
: a rule requiring that those ambiguities in a criminal statute relating to prohibitions and penalties be resolved in favor of the defendant when to do so would not be contrary to LEGISLATIVE INTENT. emphasis added

What portion of the law is ambiguous, lol, most of it, so sayeth numerous Judges, but what causes the controversy within the AMMA regarding patient to patient sales aside from what I just showed you??

THIS:

36-2815. Revocation

(Caution: 1998 Prop. 105 applies)

A. The department shall immediately revoke the registry identification card of a nonprofit medical marijuana dispensary agent who violates section 36-2804.01, subsection D, or section 36-2816, subsection B. The department shall suspend or revoke the registry identification card of a nonprofit medical marijuana dispensary agent for other violations of this chapter.

B. The department shall immediately revoke the registration certificate of a registered nonprofit medical marijuana dispensary that violates section 2816, subsections B or C, and its board members and principal officers may not serve as the board members or principal officers for any other registered nonprofit medical marijuana dispensary.


Hold your britches, here it comes...

C. Any cardholder who sells marijuana to a person who is not allowed to possess marijuana for medical purposes under this chapter shall have his registry identification card revoked, and shall be subject to other penalties for the unauthorized sale of marijuana and other applicable offenses.


Might need to read it again, most do, it's so obvious it's almost invisible.

D. The department may revoke the registry identification card of any cardholder who knowingly violates this chapter, and the cardholder shall be subject to other penalties for the applicable offense.

E. Revocation is a final decision of the department subject to judicial review pursuant to title 12, chapter 7, article 6. Jurisdiction and venue are vested in the superior court.


Now let's play a word game ;)
"cardholder" from 36-2815 (C) above is the same "cardholder" in 36-2801 (2)...
2. "Cardholder" means a qualifying patient, a designated caregiver or a nonprofit medical marijuana dispensary agent who has been issued and possesses a valid registry identification card.

So switch the words, "cardholder" and "qualifying patient" and read it again, "Any qualifying patient who sells marijuana to a person who is not allowed to possess marijuana for medical purposes under this chapter ..." Things just got news worthy huh?!

So next, who is "a person" ? It reads "who sells marijuana to a person" right? So who is a person? A "person" is someone that IS "allowed to possess marijuana for medical purposes under this chapter" ie a "visiting qualifying patient" form 36-2801 (17);

17. "Visiting qualifying patient" means a PERSON: (emphasis mine)

(a) Who is not a resident of Arizona or who has been a resident of Arizona less than thirty days.

(b) Who has been diagnosed with a debilitating medical condition by a person who is licensed with authority to prescribe drugs to humans in the state of the person's residence or, in the case of a person who has been a resident of Arizona less than thirty days, the state of the person's former residence.


See, a "person", does not have a "registry identification card" (see 36-2801 (14)) so they cannot purchase from a dispensary, but under the AMMA, as you just read in 36-2815 (c), they CAN purchase from a "cardholder" ie. a registered qualifying patient or a registered caregiver.


The important part is the Rule of Lenity, "a rule requiring that those ambiguities in a criminal statute relating to prohibitions and penalties be resolved in favor of the defendant when to do so would not be contrary to LEGISLATIVE INTENT. (emphasis added)

What is the intent of the AMMA?

It can be found in prop 203;
"G. State law should make a distinction between the medical and nonmedical uses of marijuana. Hence, the purpose of this act is to protect patients with debilitating medical conditions, as well as their physicians and providers, from arrest and prosecution, criminal and other penalties and property forfeiture if such patients engage in the medical use of marijuana."


The truth has been hidden by Bill M and the main stream media in an attempt to keep AZ's costly private prisons full.

Enjoy the truth


1 <3 AZ


Post Scriptum: sorry it took me so long to tell you

nrhelland
nrhelland

Just curious but how much marijuana did they find? Normally when there is a bust like this they always give an amount as well as other product such as edibles and extracts. I find it bizarre that an amount wasn't listed. Just something to think about.

DJenningsPHX
DJenningsPHX

As a taxpayer, I am really angry that the police would waste time and resources going after marijuana. Shame on you officers for being lazy, abusive assholes with no sense of humanity.

DonkeyHotay
DonkeyHotay topcommenter

 "Peoria police spokeswoman Amanda Jacinto says in a statement that the city's first licensed medical marijuana dispensary will be opening this week."


Gee ... wonder who tipped off the cops?


Let the Weed Wars begin in Arizona !! ... there are DOZENS of "compassion clubs" around metro areas, clubs that will always be able to produce better and cheaper marijuana than the over-regulated, over-taxed Greedy Big $$ Dispensary Cartels.


shadeaux14
shadeaux14

And this makes us safer HOW???? Could these police resources be put to better use by actually PROTECTING somebody or SERVING somebody (except the private prison industry.)??

Nick D Waters
Nick D Waters

What a complete waste of time and taxpayer money. All of this effort should be directed to the incredible backlog of child abuse and real crime in general.

Tyburn Gallows
Tyburn Gallows

And with legalization comes the state-enforced shutting down of the informal market.

valleynative
valleynative topcommenter

@shadeaux14 

Making sure that everybody plays by the same set of rules is serving us.  

DonkeyHotay
DonkeyHotay topcommenter

... then it ain't "legalization".


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