I wouldn’t be a good attorney unless I prefaced this information with a few disclaimers: 1) Marijuana is still a controlled schedule We substance and is illegal in the eyes of the Federal Government of the United States; 2) This article is not to be construed as legal advice, nor is intended to take the place of the advice of an attorney, and you should contact an attorney before taking any actions in furtherance with the subject matter of this article. Ok, let’s begin.
In the month connected with November, the State of Arizona passed Proposition 203, which would exempt certain people from controlled substances laws in the Status of Arizona. However , it will still take some time before medical marijuana is implemented as policy in Arizona. Often the Arizona Department of Health Services has released a recommended timeline for the drafting of the rules surrounding the guidelines of Proposition 203. So far, these are the important time periods that need to be paid close attention to:
- December 17, 2010: The first version of the medical marijuana rules should be released and made accessible for comment on this date.
- January 7, 2011: This will be often the deadline for public comment on the first draft of rules mentioned above.
- January 31, 2011: The second draft of the guidelines will be released on this date. Once again, it will be available for woman comment as in the draft referred to above.
- February 21 years of age to March 18, 2011: More formal public terme conseillé will be held about the proposed rules at this time, after which one more rules will be submitted to the Secretary of State to make public on the Office of Administrative Rules website.
February 2011: The medical marijuana rules will go into outcome and be published in the Arizona Administrative Register.
It is important this at all times throughout the consultation process, interested parties submit briefs and/or make oral presentations when permitted. Groups having interests contrary to those of medical marijuana advocates may also be doing presentations, and may convince the State to unnecessarily restrict the exact substance or those who may qualify to access it should there be no voice to advocate in favor of patients’ rights.
Many key points about Proposition 203’s effects
-Physicians may assign medical marijuana for their patients under certain conditions. “Physician” is not defined in a way limited to normal medical doctors. Osteopaths qualified under Title 32, Chapter 17; naturopaths licensed under Title 32, Chapter 14; and homeopaths licensed below Title 32, Chapter 29 may all be eligible to propose marijuana for their patients.
-In order to be prescribed healthcare marijuana, a person must be a “qualifying patient. ” A new qualifying patient is defined as someone who has been diagnosed by a “physician” (as defined above) as having a “debilitating medical condition. micron
-Debilitating medical conditions include:
• Cancer, glaucoma, HIV constructive status, AIDS, hepatitis C, catastrophic lateral sclerosis, Croon’s disease, or agitation of Alzheimer’s disease or the treatment of these conditions.
• A chronic or debilitating sickness or medical condition or its treatment that produces one or two of the following: Cachexia or wasting syndrome; severe in addition to chronic pain; severe nausea; seizures, including those quality of epilepsy; or severe and persistent muscle spasms, including people characteristic of multiple sclerosis.
• Any other medical condition or it has the treatment added by the Department of Health Services pursuant to Section 36-2801. 01.
This last qualifying condition is underlined because it is vitally important during the rulemaking process. While Proposition 203 allows for the public to petition the Team of Health Services to exercise its discretion to increase conditions under this section, bureaucracy is notoriously difficult to are able to change any law. The initial discretionary rules for additional solutions could be exercised during the public consultations that occur concerning December and March, though this is not certain.
It is therefore critical that, in the event that the addition of medical conditions is considered during the consultations, any stakeholder who wishes for a medical condition not listed in the primary two bulleted items above to lobby during the open consultation periods for the Department to add the additional medical condition into the list of debilitating medical conditions. In order to increase the prestige of any kind of presentations made to justify adding medical conditions under Section 36-2801. 01, it may be helpful to solicit the testimony of sympathetic Arizona-licensed medical doctors who can testify on paper and at the public hearings about why the proposed condition should be added. Papers showing that other jurisdictions, both in the United States and in a different place, currently use marijuana as a treatment for the proposed problem may be helpful, as would medical journals on the subject.
This should be remembered that despite his cheery YouTube videos with regards to the oklahoma dispensary rule drafting process, Director of Wellbeing Services Will Humble wrote a submission in opposition to the very passing of Proposition 203. He did so on the grounds that the main FDA does not test the drug, and even though the federal government’s anti-marijuana policy is well-known it should not be relied with as an authority for unbiased medical marijuana research. There isn’t any reason to believe that Director Humble will be any significantly less inclined to obstruct the use of medical marijuana during the rulemaking stage, and all proponents of medical marijuana should be in order to make their voices heard at the consultations to prevent the obstruction of the intent of Proposition 203.