"Arizona sued in medical pot case"

[h=2]Arizona sued in medical pot case[/h]
By Yvonne Wingett Sanchez The Republic | azcentral.com Sun Oct 14, 2012 9:46 PM
A woman is suing the state, claiming police violated Arizona’s medical-marijuana laws when they seized a marijuana-infused oil during a raid of her home last spring.
Charise Voss Arfa, a medical-marijuana patient, claims police wrongfully considered the oil labeled “Soccer Moms Tincture” a narcotic instead of marijuana. A tincture is typically an alcoholic extract of plant or animal material or solution.
W. Michael Walz, the attorney representing Voss Arfa, said some law-enforcement officials consider mixing marijuana with any substance — such as oil, brownie mix or dressing — altering the marijuana into “cannabis.”
The lawsuit argues the statute defining cannabis is too vague and should not apply to medical-marijuana cardholders who legally participate in the state program that allows people with certain medical conditions to ingest marijuana.
“This is really about not smoking and having the ability to use marijuana in non-smoking forms without fear of being prosecuted for a Class 4 felony, which is, under the law, the same thing as heroin — the same severity, believe it or not,” Walz said.
According to the lawsuit, police on March 28 served a search warrant, finding probable cause to search Voss Arfa’s Phoenix home for “a usable amount of cannabis, a narcotic drug, to include the extracted resin and cannabis which is now in solution.”
Voss Arfa in her lawsuit asks a Maricopa County Superior Court judge to order police to return the oil; to ban police from arresting, prosecuting or taking property from medical-marijuana cardholders; and to declare the state’s criminal statute related to cannabis void as it applies to medical-marijuana patients and caregivers. She also asks the court to pay her expenses associated with the legal action.
Arizona’s medical-marijuana program was created in 2010. Qualifying patients with certain debilitating medical conditions must obtain a recommendation for medical marijuana and register with the state, which issues identification cards. Under the law, the state can set up and regulate up to 126 dispensaries, although none has yet opened.
Arizona Department of Health Services Director Will Humble, whose agency oversees the medical-marijuana program, said patients will be allowed to buy and possess items containing marijuana, such as brownies and oils, through dispensaries. But because no dispensaries are open, Humble said, people are only allowed to grow plants or have caregivers grow for them. Patients can obtain up to 2½ ounces of marijuana every two weeks.
“The (medical marijuana) act allows the future dispensaries, under our regulation, to create edibles and other infused products, like a tincture,” he said. “Since there’s no dispensaries, no one’s able to legally make the stuff, and it’s not legal to import from out of state.”
State and county prosecutors are trying to prevent the opening of any dispensaries, arguing in part the state’s medical-marijuana program violates federal drug laws.
A Superior Court judge is scheduled to hear arguments in the case Friday.

http://www.azcentral.com/news/politics/articles/20121012arizona-sued-medical-pot-case.html


This is going to be a very interesting outcome and could change a lot of things hopefully in a positive way to benefit AZ patients. I hope this goes in our favor along with the rescheduling hearing soon too

Saw this.

Man, it's really sad that we are almost a full 2 years in this program, and we're just treading water. Patients and caregivers arrested.

I can't wait to hear when some of us start suing the local government, police department, etc. It's the only way we can win, by hitting them in the pocketbook.

I lay in fear nightly!

Is tonight the night?

Is this night the night I get robbed by the Police who vowed to Protect me?

I sleep tight knowing that my lawyer is just a phone call away. Play by the rules, don't be greedy, help others, and medicate peacefully/discreetly should be no interference by LEO.

headtreep said:

I sleep tight knowing that my lawyer is just a phone call away.

Click to expand...

To say I believe that would be a lie!

Your lawyer must not know it is against the Federal Books to cultivate marijuana! I doubt it!

I have 2 lawyers in the pocket at all times; doesn't stop unlawful arrests! It gets you out of jail after an arrest! Doesn't prevent them 100%!

Glad to know someone sleeps well!

I've been around MMJ since growing up in Cali. This is new to AZ and people are very excited. Tune out the noise!! The people getting busted have clubs and large ops. It's all fucked up and I don't agree but it's a big game. It's not like the farmer's markets are getting raided right? Live smart not in fear.

Besides aren't we all hobby growers

This is Soccer Moms Tinctures. This whole thing is bullshit to be honest. That bust was almost a year ago.

This is all coming from money hungry lawyers pushing people to sue the state. what folks don't realize is these suits hurt all of us in the end.

This makes a lot of sense. A club recently told they could not take our edible's any more . The week before they told us to amp up productions. This sucks big time.

Lucius, I am for tort reform too, but civil action has hepled bolster civil rights for decades. The cost is higher if we let them get away with it.

I wonder if the written rules really prohibits patients and caregivers from making their herb into edibles or is it just some BS intended to deceive?
Not to mention non-combustibles are healthier, doesn't the gov have the goal of/ push for a smokeless society with pharmaceutical cannabis, Marinol?

The concept of synthetic marijuana brings me to another point:
Should licensed patients have access to marinol w/o a dr. prescription from places like Walgreens?
Technically a green card could be considered as a year round script....

Great thinking, Seeker.

Cannabis consumers are the unwashed hoi polloi.

Chronicseeker said:

I wonder if the written rules really prohibits patients and caregivers from making their herb into edibles or is it just some BS intended to deceive?
Not to mention non-combustibles are healthier, doesn't the gov have the goal of/ push for a smokeless society with pharmaceutical cannabis, Marinol?

The concept of synthetic marijuana brings me to another point:
Should licensed patients have access to marinol w/o a dr. prescription from places like Walgreens?
Technically a green card could be considered as a year round script....

Click to expand...

There is absolutely nothing in the letter of the law to back this interpretation up. When I read what that asshole humble said in the end of this article I was amazed. They just make it up as they go a long and change their story when it is shown they are full of shit. Cases like this are actually exactly what the program needs otherwise there will never be a ruling from a judge on these issues and the pieces of shit in this state will continue to write and enforce their own rules.

Do you guys have a good MMJ Attorney available? If so, that would be some good info to share with the community.

Arizona state motto:
"God Enriches..." while politicians/ state officials make up shit as they go to better their careers/ own interests.

Brewer calls the Obama administration socialists... What the fuck is she doing in her own state.
Her education is limited to 2yrs @ Glendale Community College/ Scotch tumblers and it totally shows. (No offense to those w/o degrees in anyway shape or from, you are not our illustrious gov.) This cunt does not know how to take care of herself let alone any other human in society.
Well at least this is her last term, but somehow she is convinced she gets to run again... Certified IDIOT in office should be enough for an impeachment.
Not to mention signing in laws that effect the general public while you are shit faced. I bet and investigation would overturn dozens of laws do to duress.

Obey the laws like everyone else has to for a change..
Wait, then they would not be able to fast track their political careers, what a shame.

Cannabis could help her with that alcohol problem. Ironic isn't it?

I think 'cunt' is harsh. As governor, she stood toe to toe with Obama. Drunk or sober, that is awesome. I didn't vote for her.

I rode up in an elevaor with her in the executive tower. Just the two of us, when she was still just Secretary of State. I was a big brown guy in a dress shirt and sport coat. She seemed nervous.

Oh, and I would like to add J. Fife Symington to my list of Gubernatorial elevator rides. I liked him. He was stiff until we shook hands.

These are just incredibly flawed people. Just like us.

In the question and answer section for patients on dept. of health website:

QP37: How will I know if I'm getting medical marijuana?
The rules require labels containing specific information about where the marijuana came from, amount and strain, date of manufacture, a list of chemical additives, and other information to be attached to all products sold by dispensaries, including marijuana or products containing marijuana. The label on an edible product containing marijuana must also state the total weight of the product.

sounds like edibles okay