Yes the new statement on the cards is to protect the state from being sued by a patient charged with a dui or one of those cases on the reservation. I think it more specifically relates to dui because within the amma there is a provision that supposedly protects patients against dui prosecution for the presence of metabolites, but the state says otherwise and they have been charging people anyway under a technicality dealing with impairment to the slightest degree. If you smoke and you drive then you must read this: http://www.keytlaw.com/arizonamedicalmarijuanalaw/2011/01/arizona-medical-marijuana-dui/ basically there are two types of marijuana dui and the amma only protects patients from one of them. Regardless, this is all still politics because these actions are based upon the interpretation and application of the statutes by the attorney general not a judge. The worst part is most people will plea out to these charges which means the issue will be a while before a judge sets a precedent. As far as the state opening a dispensary, taking away grow rights and then closing the dispensary, if you pln right you should have secured grow rights for about a year a dispensaries are granted permits.
A REAL commitment to change the 25-mile rule
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UnderBelly
Active Member
There was a short-lived movement championed by Bill Hayes. It came to an abrupt halt when he got arrested with a 900+ plant grow operation. I'm pretty sure that cost him his standing to sue, and a lot more. I think he probably did so much damage that no challenge to the 25-mile rule will ever be considered.
Besides that, it's important to understand the mechanics of what would be necessary, legally, to change this rule. The only really good way to go about it would be to get a ballot initiative in front of the voters that specifically creates law, the same way the AMMA came into existence in the first place. Note that this is also the way the AMMA can be eliminated, and in the current political climate, that's more likely to happen.
The other avenue would require a supermajority in the Legislature, both to change the law, and to overcome the Governor's veto. Note that this is simply not going to happen.
Even if the DHS were so inclined, they do not have the lawful authority to amend the 25-mile rule, because of the way it was written into the law when it was placed on the ballot. No outcome of any lawsuit can change the rule. The Prop106 angle sounds promising, but it is a non-starter, for reasons I have explained in this forum. It's also important to note that the DHS has made a priority of reducing the number of home grows. That is their objective, and they are actively working toward it as a goal.
The law divides the pro-mmj advocates into two groups and pits them against each other, because one stands to take away the rights of the other. This was intentional, mind you. It wasn't some kind of "oops, did the law say that?" accident. It was purposefully written so that there would not be home cultivation in the habitable zones of the state.
A lot of people seem convinced that the DHS can be persuaded, or a court can order, an amendment to this rule. But there's not a valid process that can make that happen, other than a legislative move that is simply not going to happen, or a new ballot initiative which should scare the hell out of you.
UnderBelly
Active Member
Sorry bro. I just get upset whenever a government grants me a right and then takes it away.
What I really want to do is move to Colorado but that turns out to be hard even for rich and able-bodied people.
HB DC
Active Member
You must not know about Declaratory Judgements or Injunctions...
The ONLY way out side of another ballot would be a court order...
A court order stopped Sun City from getting a Dispensary Award!!
boneheadbob
Well-Known Member
That is one reason why the decleration of independance says mans rights come from his Creator and not from goverment.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.
DesertGuru
Well-Known Member
If a law is unjust, a man is not only right to disobey it, he is obligated to do so. – Thomas Jefferson
KT420
Active Member
Prohibition will work great injury to the cause of temperance. It is a species of intemperance within itself, for it goes beyond the bounds of reason in that it attempts to control a man's appetite by legislation, and makes a crime out of things that are not crimes. A Prohibition law strikes a blow at the very principles upon which our government was founded. - Abraham Lincoln
I see.. that makes it sound like the pro-home cultivators are hopeless. Although, what do you think the chances are of the dispensaries running into problems being able to open? Such as local zoning officials not wanting to put themselves at risk for authorizing the dispensaries to open?
hydrogregg
Active Member
The law as it was written: "A registered qualifying patient or registered designated caregiver is not subject to arrest, prosecution or penalty in any manner, or denial of any right or privilege, including any civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau"
http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/36/02811.htm&Title=36&DocType=ARS
If you're plant count is okay, if you follow the rules, any lawyer will pick apart any arrest of patients or caregivers following the law
http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/36/02811.htm&Title=36&DocType=ARS
If you're plant count is okay, if you follow the rules, any lawyer will pick apart any arrest of patients or caregivers following the law
Not only will they be able to get that case dismissed, they will have grounds to at least bring a civil suit against the state for monetary and other damages.
UnderBelly
Active Member
If your plant count is zero, you wouldn't be following the rules. I think you're missing the whole point of the discussion.
1. The law makes it impossible for any judge or DHS official to change the 25-mile rule.
2. Once your renewal has no "Authorized to Cultivate", your plant count is zero. One plant is a felony that could get you locked up and have your assets forfeited (e.g., they take your house but you still have to pay for it, possibly by working it off in prison.)
UnderBelly
Active Member
That sounds great from here. These words would not be very encouraging to someone sitting in a county jail interview room being told by a prosecuting attorney that they are facing a year in state jail, and being told that their family has been forcibly evicted from their home which is being seized for civil forfeiture, their pets have been euthanized by the animal shelter, their bail is more than they could afford even if their bank accounts weren't frozen and in the forfeiture process, etc., etc.
The armchair lawyering view of how the situation would be from an activist/idealist's point of view and as an abstract idea, is totally different from how it would be in reality. It's hard to understand why so many people plea-bargain for probation and deferred adjudication and so forth, unless you can put yourself in their shoes.
boneheadbob
Well-Known Member
"It's hard to understand why so many people plea-bargain for probation and deferred adjudication and so forth, unless you can put yourself in their shoes. "
Thats how the scales of justice work. She is blind, her scales are tipped and we the people are no longer citizens of the great state of Arizona, We are subjects of the USA corporation that was formed when the States went bankrupt in the 30's.
The people need to stop making plea deals. Demand a trail by your peers. The court system is already overwhelmed and would fall apart, but thats like "if only everyone would stop paying taxes"
Thats how the scales of justice work. She is blind, her scales are tipped and we the people are no longer citizens of the great state of Arizona, We are subjects of the USA corporation that was formed when the States went bankrupt in the 30's.
The people need to stop making plea deals. Demand a trail by your peers. The court system is already overwhelmed and would fall apart, but thats like "if only everyone would stop paying taxes"
HB DC
Active Member
A judge could STOP anything with a Court Order!! Why does Sun City not have a dispensary Award winner? I will tell you mate.. A court Order...
Any other option would create delay that would extend over 12 months!
This simple! Folks know not their rights as citizens! As a citizen one is considered Innocent until proven guilty amongst their peers. Most do not realize the most important part of being American is Our Liberty and right to a fair trial regardless of the claims or accusation. To disregard this very principle of Freedom is One's own fault for not being aware of such rights! I have no remorse for a plea bargainer who thinks they should have done different!! We are all free to make choices and at times folks believe what they see and care not to see the reality of the picture! What gets Most folks to plea out is the fear of Restraint! The fear of restraint against being free of choice has pull like no other energy! For this I can reason with the plea bargainer but other than that - Know your rights!
Now RollItUp Sit back and watch..................
[video=youtube;i8z7NC5sgik]http://www.youtube.com/watch?v=i8z7NC5sgik&feature=player_embedded[/video]
Knowledge is power mates!
UnderBelly
Active Member
Yes "the people" do. But why don't you go explain that to someone who is facing the choice of walking away from jail inside of a month or two, and see if they agree to take a chance on a year or five? "The person" cannot always do what "The people" should do.
tetonmoon61
Member
I read the court transcript. Not being an attorney I did not follow all the legal jumble but I think I got the gist of it. As far as I can see it was denied to move forward to sue regarding constitution of AZ? Correct? I agree with others that having this voted on is necessary but not probable. I have started signature sights and get maybe 20 and that is it. I agree that funding should be used for class action lawsuit. The only other solution I can see is that NO ONE RENEW THEIR CARDS especially if you cannot afford to purchase 400 and up an ounce. Or burn down the businesses... lol.. well not really funny.. what ever it takes for sure.. boycotts, call the cops, complain to the city, demand inspections, protest out the front doors and sway customers away... What ever it takes. I personally as many I know live on less than 710 a month.. I cannot eat let alone donate or match your funds.. I cannot afford to purchase medication.. and I too invested every dime I had to grow my own. I will probably be in jail as for after 5 yrs on over 23 prescriptions and being a suicidal zombie. Then my daughter committing suicide and I had not the energy or conscientiousness to see her or my grandson for 4 yrs and lost my soul when she died. I will not go back to that.. you can kill me first... We are the people who where railroaded into giving the state our name and addresses and then told we where good to go. They can play the rule game but it was more than clear that the state was trying to stop dispensaries and so we moved forward.. Now we are have our life savings into our grows and no money to pay millionaires for meds and are the criminals? How does this not break AZ Constitution? This is state sponsored drug cartel period!
CecilGreenleaf
Member
The only thing I have to add about your card is make sure you have it on you, if you don't there is none of this I will show the judge and it will be ok. I got arrested without my card and when I brought it with to show the judge I was legal, he didn't care and I was still finned and had to take a class.