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View Full Version : ARIZONA WHY WAIT GROW NOW!



stickydankAZ
01-02-2011, 09:56 PM
Get your doctors letter of rec. now! and start growing!
Proposition 203 provides that even if a person does not possess a registry identification
card, the person would have an affirmative defense to a criminal charge of possession, usage or
production of marijuana if the person charged has been diagnosed with a debilitating medical
condition, has been advised by an attending physician that the medical use of marijuana may
mitigate the symptoms or effects.
Theres no dispen'S up yet so theres no 25 miles anywhere we are covered under this 36-2812. Affirmative defense

13. "QUALIFYING PATIENT" MEANS A PERSON WHO HAS BEEN DIAGNOSED BY A PHYSICIAN AS HAVING A DEBILITATING MEDICAL CONDITION


36-2812. Affirmative defense
. EXCEPT AS PROVIDED IN SECTION 36-2802, A QUALIFYING PATIENT AND A QUALIFYING PATIENTâ??S DESIGNATED CAREGIVER, IF ANY, MAY ASSERT THE MEDICAL PURPOSE FOR USING MARIJUANA AS A DEFENSE TO ANY PROSECUTION OF AN OFFENSE INVOLVING MARIJUANA INTENDED FOR A QUALIFYING PATIENTâ??S MEDICAL USE, AND THIS DEFENSE SHALL BE PRESUMED VALID WHERE THE EVIDENCE SHOWS THAT:
1. A PHYSICIAN STATES THAT, IN THE PHYSICIANâ??S PROFESSIONAL OPINION, AFTER HAVING COMPLETED A FULL ASSESSMENT OF THE QUALIFYING PATIENTâ??S MEDICAL HISTORY AND CURRENT MEDICAL CONDITION MADE IN THE COURSE OF A BONA FIDE PHYSICIAN-PATIENT RELATIONSHIP, THE QUALIFYING PATIENT IS LIKELY TO RECEIVE THERAPEUTIC OR PALLIATIVE BENEFIT FROM THE MEDICAL USE OF MARIJUANA TO TREAT OR ALLEVIATE THE QUALIFYING PATIENTâ??S DEBILITATING MEDICAL CONDITION OR SYMPTOMS ASSOCIATED WITH THE QUALIFYING PATIENTâ??S DEBILITATING MEDICAL CONDITION.
2. THE QUALIFYING PATIENT AND THE QUALIFYING PATIENTâ??S DESIGNATED CAREGIVER, IF ANY, WERE COLLECTIVELY IN POSSESSION OF A QUANTITY OF MARIJUANA THAT WAS NOT MORE THAN WAS REASONABLY NECESSARY TO ENSURE THE UNINTERRUPTED AVAILABILITY OF MARIJUANA FOR THE PURPOSE OF TREATING OR ALLEVIATING THE QUALIFYING PATIENTâ??S DEBILITATING MEDICAL CONDITION OR SYMPTOMS ASSOCIATED WITH THE QUALIFYING PATIENTâ??S DEBILITATING MEDICAL CONDITION.
3. ALL MARIJUANA PLANTS WERE CONTAINED IN AN ENCLOSED LOCKED FACILITY.
4. THE QUALIFYING PATIENT AND THE QUALIFYING PATIENTâ??S DESIGNATED CAREGIVER, IF ANY, WERE ENGAGED IN THE ACQUISITION, POSSESSION, CULTIVATION, MANUFACTURE, USE OR TRANSPORTATION OF MARIJUANA, PARAPHERNALIA OR BOTH, RELATING TO THE ADMINISTRATION OF MARIJUANA SOLELY TO TREAT OR ALLEVIATE THE QUALIFYING PATIENTâ??S DEBILITATING MEDICAL CONDITION OR SYMPTOMS ASSOCIATED WITH THE QUALIFYING PATIENTâ??S DEBILITATING MEDICAL CONDITION.
B. A PERSON MAY ASSERT THE MEDICAL PURPOSE FOR USING MARIJUANA IN A MOTION TO DISMISS, AND THE CHARGES SHALL BE DISMISSED FOLLOWING AN EVIDENTIARY HEARING WHERE THE PERSON SHOWS THE ELEMENTS LISTED IN SUBSECTION (A).
C. IF A QUALIFYING PATIENT OR A QUALIFYING PATIENTâ??S DESIGNATED CAREGIVER DEMONSTRATE THE QUALIFYING PATIENTâ??S MEDICAL PURPOSE FOR USING MARIJUANA PURSUANT TO THIS SECTION, THE QUALIFYING PATIENT AND THE QUALIFYING PATIENTâ??S DESIGNATED CAREGIVER SHALL NOT BE SUBJECT TO THE FOLLOWING FOR THE QUALIFYING PATIENTâ??S MEDICAL USE OF MARIJUANA:
1. DISCIPLINARY ACTION BY A COURT OR OCCUPATIONAL OR PROFESSIONAL LICENSING BOARD OR BUREAU.
2. FORFEITURE OF ANY INTEREST IN OR RIGHT TO NON-MARIJUANA, LICIT PROPERTY.

leadmagnet
01-03-2011, 02:36 AM
It's more complicated then that in Arizona right now. Until ADHS sets up the certification process you risk arrest for felony violations.

But then, here it is a decade and a half after the passage of 215 in Kalifornia and we're still risking arrest.

Prohibs; don't ya just want to pinch their heads off? They need to be taught a little respect for the law.

kantgitwrite19
01-03-2011, 06:47 PM
hey its nice to see another arizona person.... I have started my peace.. but have run into some difficulties.... maybe you can help me out dank... being that you are a little closer and know the difficulties of trying to grow here in the state of arizona... and the lack of supplies found in our local stores. also. I need some clones and or seeds... where would i go about getting them here or do you have some? please help and thanks in advance

AZZDon
01-03-2011, 06:53 PM
OK who is a legit doctor and anyone care to chat over beers on setting up a indoor grow room for a noob.

stickydankAZ
01-07-2011, 03:07 AM
It's more complicated then that in Arizona right now. Until ADHS sets up the certification process you risk arrest for felony violations.


They can still arrest you but it gives you a legal Powerful defence
and I have a legal doctors letter of rec. with a greenlifemedical.com verification number and until the ADHS pull their heads outa their hoooohaws
and make it right I'll be smoking and growing the legal limit of MMJ
WHOS WITH ME????:chainsaw: :bonghit:

kantgitwrite19
01-07-2011, 08:05 PM
what is the legal ammount and how do I stay safe with it? I am down in southern az. and Stickydank.. can you please look at my post on growing space... I have a growing space that I need filled and would like help with ideas...

leadmagnet
01-08-2011, 11:54 PM
They can still arrest you but it gives you a legal Powerful defence
and I have a legal doctors letter of rec. with a greenlifemedical.com verification number and until the ADHS pull their heads outa their hoooohaws
and make it right I'll be smoking and growing the legal limit of MMJ
WHOS WITH ME????:chainsaw: :bonghit:

Good luck with that.

stickydankAZ
01-09-2011, 01:02 AM
Just like Cali. we both can use Affirmative defense
With a doctors letter of rec. our says nothing about having to wait for WILL or the ADHS in order to be covered by State laws under ARS 36-2812
I have my dr. letter of rec.

stickydankAZ
01-09-2011, 07:15 PM
COME ON DOWN YOUR THE NEXT LEGAL MEDICAL MARIJUANA PATIENT IN AZ36-2801. 17. �VISITING QUALIFYING PATIENT� MEANS A PERSON:
(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 PERSONâ??S RESIDENCE OR, IN THE CASE OF A PERSON WHO HAS BEEN A RESIDENT OF ARIZONA LESS THAN THIRTY DAYS, THE STATE OF THE PERSONâ??S FORMER RESIDENCE.
18. â?WRITTEN CERTIFICATIONâ? MEANS A DOCUMENT DATED AND SIGNED BY A PHYSICIAN, STATING THAT IN THE PHYSICIANâ??S PROFESSIONAL OPINION THE PATIENT IS LIKELY TO RECEIVE THERAPEUTIC OR PALLIATIVE BENEFIT FROM THE MEDICAL USE OF MARIJUANA TO TREAT OR ALLEVIATE THE PATIENTâ??S DEBILITATING MEDICAL CONDITION OR SYMPTOMS ASSOCIATED WITH THE DEBILITATING MEDICAL CONDITION. THE PHYSICIAN MUST:
(a) SPECIFY THE QUALIFYING PATIENTâ??S DEBILITATING MEDICAL CONDITION IN THE WRITTEN CERTIFICATION.
(b) SIGN AND DATE THE WRITTEN CERTIFICATION ONLY IN THE COURSE OF A PHYSICIAN-PATIENT RELATIONSHIP AFTER THE PHYSICIAN HAS COMPLETED A FULL ASSESSMENT OF THE QUALIFYING PATIENTâ??S MEDICAL HISTORY.

3. �DEBILITATING MEDICAL CONDITION� MEANS ONE OR MORE OF THE FOLLOWING:
(a) CANCER, GLAUCOMA, POSITIVE STATUS FOR HUMAN IMMUNODEFICIENCY VIRUS, ACQUIRED IMMUNE DEFICIENCY SYNDROME, HEPATITIS C, AMYOTROPHIC LATERAL SCLEROSIS, CROHNâ??S DISEASE, AGITATION OF ALZHEIMERâ??S DISEASE OR THE TREATMENT OF THESE CONDITIONS.
(b) A CHRONIC OR DEBILITATING DISEASE OR MEDICAL CONDITION OR ITS TREATMENT THAT PRODUCES ONE OR MORE OF THE FOLLOWING: CACHEXIA OR WASTING SYNDROME; SEVERE AND CHRONIC PAIN; SEVERE NAUSEA; SEIZURES, INCLUDING THOSE CHARACTERISTIC OF EPILEPSY; OR SEVERE AND PERSISTENT MUSCLE SPASMS, INCLUDING THOSE CHARACTERISTIC OF MULTIPLE SCLEROSIS.
(c) ANY OTHER MEDICAL CONDITION OR ITS TREATMENT ADDED BY THE DEPARTMENT PURSUANT TO SECTION 36-2801.01.

leadmagnet
01-10-2011, 01:18 AM
Actually if you read all of 203 I think you'll find that "VISITING QUALIFYING PATIENTS" are the only folks legal in Arizona right now. At least until April when Will supposedly pulls his head out of his keister.

What cluster fuck it is over there right now.

stickydankAZ
01-10-2011, 01:57 AM
13. "QUALIFYING PATIENT" MEANS A PERSON WHO HAS BEEN DIAGNOSED BY A PHYSICIAN AS HAVING A DEBILITATING MEDICAL CONDITION


36-2812. Affirmative defense
. EXCEPT AS PROVIDED IN SECTION 36-2802, A QUALIFYING PATIENT AND A QUALIFYING PATIENTâ??S DESIGNATED CAREGIVER, IF ANY, MAY ASSERT THE MEDICAL PURPOSE FOR USING MARIJUANA AS A DEFENSE TO ANY PROSECUTION OF AN OFFENSE INVOLVING MARIJUANA INTENDED FOR A QUALIFYING PATIENTâ??S MEDICAL USE, AND THIS DEFENSE SHALL BE PRESUMED VALID WHERE THE EVIDENCE SHOWS THAT:
1. A PHYSICIAN STATES THAT, IN THE PHYSICIANâ??S PROFESSIONAL OPINION, AFTER HAVING COMPLETED A FULL ASSESSMENT OF THE QUALIFYING PATIENTâ??S MEDICAL HISTORY AND CURRENT MEDICAL CONDITION MADE IN THE COURSE OF A BONA FIDE PHYSICIAN-PATIENT RELATIONSHIP, THE QUALIFYING PATIENT IS LIKELY TO RECEIVE THERAPEUTIC OR PALLIATIVE BENEFIT FROM THE MEDICAL USE OF MARIJUANA TO TREAT OR ALLEVIATE THE QUALIFYING PATIENTâ??S DEBILITATING MEDICAL CONDITION OR SYMPTOMS ASSOCIATED WITH THE QUALIFYING PATIENTâ??S DEBILITATING MEDICAL CONDITION.
2. THE QUALIFYING PATIENT AND THE QUALIFYING PATIENTâ??S DESIGNATED CAREGIVER, IF ANY, WERE COLLECTIVELY IN POSSESSION OF A QUANTITY OF MARIJUANA THAT WAS NOT MORE THAN WAS REASONABLY NECESSARY TO ENSURE THE UNINTERRUPTED AVAILABILITY OF MARIJUANA FOR THE PURPOSE OF TREATING OR ALLEVIATING THE QUALIFYING PATIENTâ??S DEBILITATING MEDICAL CONDITION OR SYMPTOMS ASSOCIATED WITH THE QUALIFYING PATIENTâ??S DEBILITATING MEDICAL CONDITION.
3. ALL MARIJUANA PLANTS WERE CONTAINED IN AN ENCLOSED LOCKED FACILITY.
4. THE QUALIFYING PATIENT AND THE QUALIFYING PATIENTâ??S DESIGNATED CAREGIVER, IF ANY, WERE ENGAGED IN THE ACQUISITION, POSSESSION, CULTIVATION, MANUFACTURE, USE OR TRANSPORTATION OF MARIJUANA, PARAPHERNALIA OR BOTH, RELATING TO THE ADMINISTRATION OF MARIJUANA SOLELY TO TREAT OR ALLEVIATE THE QUALIFYING PATIENTâ??S DEBILITATING MEDICAL CONDITION OR SYMPTOMS ASSOCIATED WITH THE QUALIFYING PATIENTâ??S DEBILITATING MEDICAL CONDITION.
B. A PERSON MAY ASSERT THE MEDICAL PURPOSE FOR USING MARIJUANA IN A MOTION TO DISMISS, AND THE CHARGES SHALL BE DISMISSED FOLLOWING AN EVIDENTIARY HEARING WHERE THE PERSON SHOWS THE ELEMENTS LISTED IN SUBSECTION (A).
C. IF A QUALIFYING PATIENT OR A QUALIFYING PATIENTâ??S DESIGNATED CAREGIVER DEMONSTRATE THE QUALIFYING PATIENTâ??S MEDICAL PURPOSE FOR USING MARIJUANA PURSUANT TO THIS SECTION, THE QUALIFYING PATIENT AND THE QUALIFYING PATIENTâ??S DESIGNATED CAREGIVER SHALL NOT BE SUBJECT TO THE FOLLOWING FOR THE QUALIFYING PATIENTâ??S MEDICAL USE OF MARIJUANA:
1. DISCIPLINARY ACTION BY A COURT OR OCCUPATIONAL OR PROFESSIONAL LICENSING BOARD OR BUREAU.
2. FORFEITURE OF ANY INTEREST IN OR RIGHT TO NON-MARIJUANA, LICIT PROPERTY.


Futhermore 36 2812 just says we can grow A QUANTITY OF MARIJUANA THAT WAS NOT MORE THAN WAS REASONABLY NECESSARY TO ENSURE THE UNINTERRUPTED AVAILABILITY OF MARIJUANA that means what ever we need to be able to have a endless supply

leadmagnet
01-10-2011, 06:02 AM
Yeah, but you left out...

"14. REGISTRY IDENTIFICATION CARD MEANS A DOCUMENT ISSUED BY THE DEPARTMENT THAT IDENTIFIES A PERSON AS A REGISTERED QUALIFYING PATIENT, REGISTERED DESIGNATED CAREGIVER OR A REGISTERED NONPROFIT MEDICAL MARIJUANA DISPENSARY AGENT."

That verbiage along with other sections within 203 makes it apparent that the qualifying patient must also be registered with the State of Arizona and have a valid registration card issued through DHS. In fact, DHS can even revoke or decline the issuance of these cards for various reasons.

Keep in mind I don't claim to be an authority on the provisions of this legislation and it could be that I'm interpreting it wrong; but it doesn't appear that the registration provisions Arizona is setting up are voluntary like the county cards are in California.

Friggen can of worms. But I do hope YOU are right and I am wrong, for Arizonanâ??s sake.

stickydankAZ
01-10-2011, 06:47 AM
Yeah, but you left out...

"14. REGISTRY IDENTIFICATION CARD MEANS A DOCUMENT ISSUED BY THE DEPARTMENT THAT IDENTIFIES A PERSON AS A REGISTERED QUALIFYING PATIENT, REGISTERED DESIGNATED CAREGIVER OR A REGISTERED NONPROFIT MEDICAL MARIJUANA DISPENSARY AGENT.".

THAT term is not wrote as a requirement to the 36-2812. Affirmative defense

What i see says "QUALIFYING PATIENT" MEANS A PERSON WHO HAS BEEN DIAGNOSED BY A PHYSICIAN AS HAVING A DEBILITATING MEDICAL CONDITION
your are qualified before you register Like i said you don't have to register to be covered under 36 2812 affirmative defence being registered and affirmative defence are two seperate things in the same law that covers you when your not registered but have a doctors letter of rec. GET IT?:jointsmile:

leadmagnet
01-10-2011, 08:12 AM
THAT term is not wrote as a requirement to the 36-2812. Affirmative defense

What i see says "QUALIFYING PATIENT" MEANS A PERSON WHO HAS BEEN DIAGNOSED BY A PHYSICIAN AS HAVING A DEBILITATING MEDICAL CONDITION
your are qualified before you register Like i said you don't have to register to be covered under 36 2812 affirmative defence being registered and affirmative defence are two seperate things in the same law that covers you when your not registered but have a doctors letter of rec. GET IT?:jointsmile:

Oh I get what YOU'RE saying, even with your atrocious spelling. I nonetheless question your conclusion.

leadmagnet
01-12-2011, 01:19 AM
Dude, keep in mind I'm not trying to burst your bubble; just know what yer lookin at. I've seen way too many people gettin fucked over by the prohibs.

AZCSceo
01-22-2011, 06:20 AM
While I do not share his enthusiasm for going to court with an affirmative defense case to rep Pro Se, I will say this, he is correct.

We made this statement the day it was written into law.

Ed Sueter also made the same announcement on stage at the AOD meeting to help clear the air. Plenty of attorney's were on hand to correct the info should it be interpreted incorrectly, none did.

Our new forum/website is designed to help facilitate some of the things talked about in this thread. It establishes a platform for the residents of Arizona to facilitate section 36-2811 of the AMMA. And the reason people are signing up is...

"36-2811. Presumption of medical use of marijuana; protections; civil penalty
A. THERE IS A PRESUMPTION THAT A QUALIFYING PATIENT OR DESIGNATED CAREGIVER IS ENGAGED IN THE MEDICAL USE OF MARIJUANA PURSUANT TO THIS CHAPTER.
1. THE PRESUMPTION EXISTS IF THE QUALIFYING PATIENT OR DESIGNATED CAREGIVER:
(a) IS IN POSSESSION OF A REGISTRY IDENTIFICATION CARD.
(b) IS IN POSSESSION OF AN AMOUNT OF MARIJUANA THAT DOES NOT EXCEED THE ALLOWABLE AMOUNT OF MARIJUANA.
2. THE PRESUMPTION MAY BE REBUTTED BY EVIDENCE THAT CONDUCT RELATED TO MARIJUANA WAS NOT FOR THE PURPOSE OF TREATING OR ALLEVIATING THE QUALIFYING PATIENT'S DEBILITATING MEDICAL CONDITION OR SYMPTOMS ASSOCIATED WITH THE QUALIFYING PATIENT'S DEBILITATING MEDICAL CONDITION PURSUANT TO THIS CHAPTER.
B. 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:
1. FOR THE REGISTERED QUALIFYING PATIENT'S MEDICAL USE OF MARIJUANA PURSUANT TO THIS CHAPTER, IF THE REGISTERED QUALIFYING PATIENT DOES NOT POSSESS MORE THAN THE ALLOWABLE AMOUNT OF MARIJUANA.
2. FOR THE REGISTERED DESIGNATED CAREGIVER ASSISTING A REGISTERED QUALIFYING PATIENT TO WHOM HE IS CONNECTED THROUGH THE DEPARTMENT'S REGISTRATION PROCESS WITH THE REGISTERED QUALIFYING PATIENT'S MEDICAL USE OF MARIJUANA PURSUANT TO THIS CHAPTER IF THE REGISTERED DESIGNATED CAREGIVER DOES NOT POSSESS MORE THAN THE ALLOWABLE AMOUNT OF MARIJUANA.
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."

So in short, if your certified right now and I'm certified right now I can give you buds, you can give me buds and it's OK ;)

"A PERSON MAY ASSERT THE MEDICAL PURPOSE FOR USING MARIJUANA IN A MOTION TO DISMISS, AND THE CHARGES SHALL BE DISMISSED FOLLOWING AN EVIDENTIARY HEARING WHERE THE PERSON SHOWS THE ELEMENTS LISTED IN SUBSECTION (A)."

subsection A clearly states, "qualifying patient"

If you are certified right now in AZ you can legally possess marijuana within what is declared in the law, 2.5 ounces. Our

We have a list of over 50 people/groups that have us scheduled to come out and set up their home systems the FIRST WEEK OF APRIL.

While we all appreciate your concern for the well being of others I just want to make sure accurate information is given.

just to add, since I am certified, you can go to our FB pages and see the Iolite review we did, last week ;) I assure you it wasn't tobacco in there.

stickydankAZ
01-22-2011, 06:56 PM
Your site is great...