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		<title><![CDATA[ASA Forum - Access Arizona]]></title>
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		<description><![CDATA[The most recent topics at ASA Forum.]]></description>
		<lastBuildDate>Tue, 26 Feb 2013 02:22:28 +0000</lastBuildDate>
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			<title><![CDATA[Arizona lawmakers look to regulate legal marijuana]]></title>
			<link>http://safeaccessnow.org/punbb/viewtopic.php?id=10383&amp;action=new</link>
			<description><![CDATA[<p><a href="http://www.sfgate.com/news/article/Arizona-lawmakers-look-to-regulate-legal-marijuana-4306786.php">http://www.sfgate.com/news/article/Ariz &#133; 306786.php</a></p><p>Arizona lawmakers look to regulate legal marijuana</p><p>By CRISTINA SILVA, Associated Press<br />Updated 5:07 pm, Monday, February 25, 2013</p><p>PHOENIX (AP) — Arizona lawmakers want to overhaul the state&#039;s medical marijuana law.</p><p>One lawmaker would shut down dispensaries that use unclear labels for its food products. Another measure would allow colleges and universities to conduct medical marijuana research. A third would allow county zoning ordinances to apply to marijuana cultivation.</p><p>&quot;It was the voters that clearly supported medical marijuana in Arizona, so it&#039;s the job of the Legislature to ensure that the law is being implemented properly,&quot; said Sen. Kimberly Yee, R-Phoenix.<br />….<br />Read more: <a href="http://www.sfgate.com/news/crime/article/Arizona-lawmakers-look-to-regulate-legal-marijuana-4306786.php#ixzz2Lxwb7atL">http://www.sfgate.com/news/crime/articl &#133; z2Lxwb7atL</a></p>]]></description>
			<author><![CDATA[dummy@example.com (arrow)]]></author>
			<pubDate>Tue, 26 Feb 2013 02:22:28 +0000</pubDate>
			<guid>http://safeaccessnow.org/punbb/viewtopic.php?id=10383&amp;action=new</guid>
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			<title><![CDATA[Senate panel OKs tossing seized medical pot]]></title>
			<link>http://safeaccessnow.org/punbb/viewtopic.php?id=10371&amp;action=new</link>
			<description><![CDATA[<p><a href="http://hosted2.ap.org/RIPRJ/de0a5f8f5c914cfeacedc425a18a60eb/Article_2013-02-11-Medical%20Marijuana-Seizures/id-70e4750e197941e0964a3079ed7a5d54">http://hosted2.ap.org/RIPRJ/de0a5f8f5c9 &#133; 79ed7a5d54</a></p><p>Feb. 11, 2013 7:50 PM ET</p><p>Senate panel OKs tossing seized medical pot</p><p>PHOENIX (AP) — An Arizona Senate committee has approved a bill giving law enforcement the right to destroy legal medical marijuana it seizes during the course of an investigation.</p><p>The bill by Sen. Kimberly Yee is one of several making their way through the Legislature that would change the 2010 voter-approved law allowing medical marijuana use in the state.</p><p>Yee argued that her bill clarifies the law to protect law enforcement officers from being caught between federal law that bars all marijuana possession and use and the state law. She read a letter from Yavapai County Attorney Sheila Polk urging lawmakers to pass the bill.</p><p>But the policy director for the ACLU of Arizona says it runs afoul of a state appeals court ruling allowing the return of medical marijuana.</p><p>Associated Press<br />Copyright 2013 The Associated Press.</p>]]></description>
			<author><![CDATA[dummy@example.com (arrow)]]></author>
			<pubDate>Tue, 12 Feb 2013 01:59:04 +0000</pubDate>
			<guid>http://safeaccessnow.org/punbb/viewtopic.php?id=10371&amp;action=new</guid>
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			<title><![CDATA[Arizona court to hear appeal on marijuana ruling (w/ video)]]></title>
			<link>http://safeaccessnow.org/punbb/viewtopic.php?id=10331&amp;action=new</link>
			<description><![CDATA[<p><a href="http://www.eastvalleytribune.com/arizona/article_48cc0f58-4ab9-11e2-86e8-0019bb2963f4.html">http://www.eastvalleytribune.com/arizon &#133; 963f4.html</a></p><p>Arizona court to hear appeal on marijuana ruling (w/ video)</p><p>Posted: Thursday, December 20, 2012 8:23 am | Updated: 11:53 am, Thu Dec 20, 2012.<br />Associated Press&nbsp; </p><p>PHOENIX — A state appeals court hears arguments Thursday on whether to temporarily put on hold a judge&#039;s order upholding Arizona&#039;s medical marijuana program.</p><p>Maricopa County Attorney Bill Montgomery is appealing Superior Court Judge Michael Gordon&#039;s Dec. 4 ruling.</p><p>Gordon ruled that the county must provide zoning clearance for a Sun City medical marijuana dispensary because federal drug law doesn&#039;t stand in the way of implementing the state&#039;s medical marijuana law.</p><p>The law approved by voters in 2000 allows use of marijuana for cancer and certain other medical conditions.</p><p>Montgomery wants a three-judge appeals court panel to suspend Gordon&#039;s ruling.</p>]]></description>
			<author><![CDATA[dummy@example.com (james sr)]]></author>
			<pubDate>Fri, 21 Dec 2012 03:42:50 +0000</pubDate>
			<guid>http://safeaccessnow.org/punbb/viewtopic.php?id=10331&amp;action=new</guid>
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			<title><![CDATA[Ariz. to allow delays in opening pot dispensaries]]></title>
			<link>http://safeaccessnow.org/punbb/viewtopic.php?id=10325&amp;action=new</link>
			<description><![CDATA[<p><a href="http://www.beaumontenterprise.com/news/article/Ariz-to-allow-delays-in-opening-pot-dispensaries-4114193.php">http://www.beaumontenterprise.com/news/ &#133; 114193.php</a></p><p>Ariz. to allow delays in opening pot dispensaries</p><p>PAUL DAVENPORT, Associated Press<br />Updated 6:00 pm, Thursday, December 13, 2012</p><p>PHOENIX (AP) — Arizona&#039;s medical marijuana program continues to have growing pains.<br />Dispensaries&#039; supplies will be tight at first, so state officials will allow newly licensed dispensaries to delay opening their doors to customers for weeks or even months in order to acquire pot to sell, the state&#039;s top regulator said Thursday.</p><p>Dispensaries can acquire marijuana from other dispensaries and authorized caregivers, but many plan to grow their own. However, it can take several months to grow to harvest.</p><p>&quot;There can be however much time between getting their operating license and actually beginning operations,&quot; said Will Humble, Health Services Department director. &quot;The quantities that are available for patients will be limited to a fair amount ... until the cultivating facilities are up and running.&quot;</p><p>Once dispensaries open, the state requires them to be open at least 30 hours a week and be capable of serving patients, Humble said, adding, &quot;That doesn&#039;t mean that every patient gets what they want.&quot;<br />The state&#039;s willingness to allow delays between licensing and opening is partly a response to the fact that operators aren&#039;t allowed to grow marijuana before being licensed but are also supposed to have inventory on hand when they open.</p><p>&quot;Everyone is seemingly finding the same &#039;Catch 22&#039; — which is you&#039;ve got to be open and selling but we won&#039;t allow you to grow the product...&quot; said Harvey Jackson, a Lake Havasu City attorney.</p><p>Voters approved the medical marijuana law in 2010, authorizing its use for cancer and certain other medical conditions. More than 30,000 people have been issued user cards, but the dispensary system is just now starting to come on line following delays because of court fights over the law.</p><p>Read more: <a href="http://www.beaumontenterprise.com/news/article/Ariz-to-allow-delays-in-opening-pot-dispensaries-4114193.php#ixzz2Ez9KNEov">http://www.beaumontenterprise.com/news/ &#133; z2Ez9KNEov</a></p>]]></description>
			<author><![CDATA[dummy@example.com (arrow)]]></author>
			<pubDate>Fri, 14 Dec 2012 01:47:22 +0000</pubDate>
			<guid>http://safeaccessnow.org/punbb/viewtopic.php?id=10325&amp;action=new</guid>
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			<title><![CDATA[First medical marijuana dispensary opens in Ariz.]]></title>
			<link>http://safeaccessnow.org/punbb/viewtopic.php?id=10320&amp;action=new</link>
			<description><![CDATA[<p><a href="http://www.seattlepi.com/news/article/First-medical-marijuana-dispensary-opens-in-Ariz-4095536.php">http://www.seattlepi.com/news/article/F &#133; 095536.php</a></p><p>First medical marijuana dispensary opens in Ariz.</p><p>By BRIAN SKOLOFF, Associated Press<br />Updated 5:20 p.m., Thursday, December 6, 2012</p><p>GLENDALE, Ariz. (AP) — Charles Everett says he&#039;s been in chronic pain for eight years since being robbed and attacked in an assault that shattered his femur, requiring 11 titanium rods to put it back together….</p><p>Read more: <a href="http://www.seattlepi.com/news/article/First-medical-marijuana-dispensary-opens-in-Ariz-4095536.php#ixzz2EKJhnt4b">http://www.seattlepi.com/news/article/F &#133; z2EKJhnt4b</a></p>]]></description>
			<author><![CDATA[dummy@example.com (arrow)]]></author>
			<pubDate>Fri, 07 Dec 2012 02:08:48 +0000</pubDate>
			<guid>http://safeaccessnow.org/punbb/viewtopic.php?id=10320&amp;action=new</guid>
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			<title><![CDATA[Judge rules Arizona’s medical-marijuana law is constitutional]]></title>
			<link>http://safeaccessnow.org/punbb/viewtopic.php?id=10315&amp;action=new</link>
			<description><![CDATA[<p><a href="http://www.azcentral.com/news/politics/articles/20121204judge-rules-arizonas-medical-marijuana-law-constitutional.html?nclick_check=1">http://www.azcentral.com/news/politics/ &#133; ck_check=1</a></p><p>By Yvonne Wingett Sanchez The Republic | azcentral.com Tue Dec 4, 2012 3:17 PM</p><p>The state&#039;s medical-marijuana program is not pre-empted by federal law, a Maricopa County Superior Court judge ruled Tuesday.</p><p>The long-awaited ruling by Judge Michael Gordon rejects arguments made by Maricopa County Attorney Bill Montgomery and Arizona Attorney General Tom Horne that the voter-approved law should be shut down because pot is illegal under the federal Controlled Substances Act.</p><p>The ruling opens the doors for medical-marijuana dispensaries to open their doors without fear of state prosecution and gives medical-marijuana patients a place to legally obtain marijuana. The first dispensary could open this week in Glendale, with another to follow in Tucson later this month.</p><p>Maricopa County Attorney’s Office spokesman Jerry Cobb said they will appeal the ruling.</p><p>“As the trial court notes, the questions of law presented in this case and the analysis utilized by the trial court are now well settled or universally accepted,” Cobb said in an e-mail.</p><p>Attorneys on behalf of White Mountain Health Center of Sun City successfully argued in the case that state law does not require anyone to violate federal laws by issuing permits for medical-marijuana activities since the state has decriminalized those acts. In their lawsuit, they also successfully alleged that Maricopa County illegally rejected the center&#039;s registration certificate, which is among the state requirements to become a medical-marijuana dispensary applicant.</p><p>Supporters of medical marijuana strongly disagreed with the idea that the state law requires government workers to engage in activities that would expose them to liabilities under the federal Controlled Substances Act, which makes possession, sale or use of marijuana a crime.</p><p>&quot;The (Arizona Medical Marijuana Act) has decriminalized a subset of marijuana laws for a subset of people,&quot; said Ezekiel Edwards, director of the American Civil Liberties Union&#039;s criminal-law reform project, prior to the ruling. &quot;This is a validly passed law from the people of Arizona seeking to get a form of medicine for people who really need and want to use it.&quot;</p><p>Voters in 2010 passed the measure to allow people with certain debilitating medical conditions, including chronic pain, cancer and muscle spasms, to use medical marijuana. They must obtain a recommendation from a physician and register with the state, which issues identification cards to qualified patients and caregivers. Caregivers can grow 12 plants for up to five patients. Users are limited to 2.5 ounces every two weeks.</p><p>More than 32,000 people have permission to use medical marijuana in Arizona, and most can also grow their own until the dispensaries open.</p><p>Under the law, state health officials can license up to 126 dispensaries throughout designated areas. The law does not limit how much marijuana dispensary operators can grow.</p><p>In August, the state Health Department selected 97 dispensary owners to have the opportunity to sell marijuana and operate cultivation sites to grow if they complete certain steps.</p><p>That same day, Montgomery said he would use the Sun City dispensary case as a vehicle to test the federal pre-emption argument. That dispensary is located in an unincorporated area and requires county-zoning approval before it can seek other permits from the state. Montgomery had advised county officials not to participate in the medical-marijuana program, saying employees could risk prosecution under federal drug laws.</p><p>Meanwhile, Horne issued a non-binding legal opinion, saying federal drug laws trump the state law when it comes to &quot;cultivating, selling and dispensing&quot; pot. Montgomery and Horne have cited recent crackdowns by federal prosecutors in other states to bolster their arguments.</p><p>But U.S. Attorney for Arizona John Leonardo has told The Arizona Republic that while the contradiction between federal and state laws has created anxiety, &quot;to focus our efforts on individuals who are in compliance with state law and may be using marijuana for medicinal purposes, including treating such serious diseases as cancer, would not be the likely and most efficient use of our resources.&quot;</p><p>Paul Bender, an Arizona State University constitutional-law professor, has said it is extraordinarily unusual that the top lawyers for the state and county are challenging a voter-approved law, since they typically are defending such laws. Bender has said he believes politics is motivating their challenge, although he acknowledged the conflict between federal and state laws.</p><p>&quot;The legal question is: If you have a federal statute which could be used to pre-empt state law, but the federal government doesn&#039;t use it, should the state go ahead and follow it&#039;s own law?&quot; Bender asked. &quot;That&#039;s the issue. The most sensible thing to do would be to ... go ahead and do what the people of Arizona want to do unless the federal government comes in and says stop.&quot;</p><p>The legal battle has angered medical-marijuana advocates, many who believe prosecutors are trying to obstruct the will of voters and keep the ill from a form of medicine that they say allows them to tolerate pain better than traditional medicine.</p>]]></description>
			<author><![CDATA[dummy@example.com (arrow)]]></author>
			<pubDate>Wed, 05 Dec 2012 03:16:45 +0000</pubDate>
			<guid>http://safeaccessnow.org/punbb/viewtopic.php?id=10315&amp;action=new</guid>
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			<title><![CDATA[OK to grow medical pot ending in Phoenix area]]></title>
			<link>http://safeaccessnow.org/punbb/viewtopic.php?id=10300&amp;action=new</link>
			<description><![CDATA[<p><a href="http://www.sfgate.com/news/article/OK-to-grow-medical-pot-ending-in-Phoenix-area-4043804.php">http://www.sfgate.com/news/article/OK-t &#133; 043804.php</a></p><p>OK to grow medical pot ending in Phoenix area</p><p>PAUL DAVENPORT, Associated Press<br />Updated 12:20 p.m., Friday, November 16, 2012</p><p>PHOENIX (AP) — Arizona&#039;s approval of the state&#039;s first medical marijuana dispensary has triggered a provision that means nearly all Phoenix-area cardholders now authorized to grow their own marijuana will begin losing that right in the coming months.</p><p>New medical marijuana cards issued in most of the Phoenix area won&#039;t include the authorization to grow, Health Services Director Will Humble said Friday. The state&#039;s online medical marijuana application process will be shut down until Monday to implement that change, he said.</p><p>Arizona&#039;s voter-approved law permits medical marijuana applicants to also seek growing authorizations, but only if there is no dispensary within 25 miles.</p><p>The Glendale dispensary that was approved by state officials late Thursday is within 25 miles of nearly all of the Phoenix area. Operators plan to open the facility within a week or two, said Ryan Hurley, a lawyer for the Glendale dispensary.</p><p>The statewide program has 33,601 authorized users, including 27,794 who are authorized to cultivate, according to a Department of Health Services report.</p><p>Current growing authorizations won&#039;t be renewed when they expire. They last one year, so growing authorizations issued a year ago will begin expiring immediately, department spokeswoman Laura Oxley said…..</p><p>Read more: <a href="http://www.sfgate.com/news/article/OK-to-grow-medical-pot-ending-in-Phoenix-area-4043804.php#ixzz2CRM2ntXA">http://www.sfgate.com/news/article/OK-t &#133; z2CRM2ntXA</a></p>]]></description>
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			<pubDate>Sat, 17 Nov 2012 02:00:49 +0000</pubDate>
			<guid>http://safeaccessnow.org/punbb/viewtopic.php?id=10300&amp;action=new</guid>
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			<title><![CDATA[Judge hears arguments on Arizona marijuana law]]></title>
			<link>http://safeaccessnow.org/punbb/viewtopic.php?id=10268&amp;action=new</link>
			<description><![CDATA[<p><a href="http://www.sfgate.com/news/article/Judge-hears-arguments-on-Arizona-marijuana-law-3964097.php">http://www.sfgate.com/news/article/Judg &#133; 964097.php</a></p><p>Judge hears arguments on Arizona marijuana law</p><p>WALTER BERRY, Associated Press<br />Updated 7:05 p.m., Friday, October 19, 2012</p><p>PHOENIX (AP) — Lawyers for Arizona and the state&#039;s most populous county argued in court Friday that federal drug laws pre-empt Arizona&#039;s voter-approved medical marijuana law.</p><p>Meanwhile attorneys for the American Civil Liberties Union and its Arizona affiliate pushed for full implementation of the law passed in 2010, saying the state is allowed to make policy decisions on medical marijuana.</p><p>After a nearly two-hour hearing in northeast Phoenix, Maricopa County Superior Court Judge Michael Gordon declined to issue an expedited ruling.</p><p>&quot;This is an important decision. I don&#039;t want to pull the trigger too quickly,&quot; Gordon said. &quot;I will do my best to get something out timely. I won&#039;t give you a date. I have a lot of work to do.&quot;</p><p>The case focuses heavily on the legal argument called pre-emption — an issue that has been around since the Founding Fathers declared that the laws of the United States &quot;shall be the supreme law of the land.&quot;….</p><p>Read more: <a href="http://www.sfgate.com/news/crime/article/Judge-hears-arguments-on-Arizona-marijuana-law-3964097.php#ixzz29tAHerFH">http://www.sfgate.com/news/crime/articl &#133; z29tAHerFH</a></p>]]></description>
			<author><![CDATA[dummy@example.com (arrow)]]></author>
			<pubDate>Sun, 21 Oct 2012 00:49:42 +0000</pubDate>
			<guid>http://safeaccessnow.org/punbb/viewtopic.php?id=10268&amp;action=new</guid>
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			<title><![CDATA[ACLU Joins Medical Marijuana Suit in Arizona]]></title>
			<link>http://safeaccessnow.org/punbb/viewtopic.php?id=10213&amp;action=new</link>
			<description><![CDATA[<p><a href="http://www.aclu.org/criminal-law-reform/aclu-joins-medical-marijuana-suit-arizona-0">http://www.aclu.org/criminal-law-reform &#133; -arizona-0</a></p><br /><p>September 27, 2012</p><p>Case Seeks Implementation of 2010 Voter-Approved Law that Would Allow Access to Medicine for Senior Citizens Suffering From Serious Illnesses</p><p>FOR IMMEDIATE RELEASE<br />CONTACT: (212) 549-2666; media@aclu.org</p><p>PHOENIX -- The American Civil Liberties Union and ACLU of Arizona joined a lawsuit today that seeks to compel Maricopa County to allow a medical marijuana dispensary to operate as required under the Arizona Medical Marijuana Act.</p><p>The law, approved by voters in 2010, requires that anyone seeking to open a not-for-profit dispensary must first receive documentation from the local jurisdiction that the proposed location complies with local zoning ordinances or that there are no applicable local zoning ordinances. In this case, Maricopa County Attorney Bill Montgomery has refused to issue this document for a dispensary that would serve senior citizens in Sun City, a retirement community outside of Phoenix, or&nbsp; any other proposed dispensary in Maricopa County.&nbsp; Montgomery claims the law is preempted by the federal Controlled Substances Act.</p><p>“Maricopa County is attempting to thwart the will of the people.&nbsp; Voters approved this measure so patients who suffer from serious medical conditions can have safe and reliable access to their medicine,” said Ezekiel Edwards, director of the ACLU’s Criminal Law Reform Project. “The regulation of drugs and medicine is traditionally a power exercised by the states, and the Constitution allows Arizona and the federal government to make different policy choices in these arenas”</p><p>The lawsuit was brought in June by local lawyer Jeffrey S. Kaufman on behalf of White Mountain Health Center, Inc., the only dispensary applicant in Sun City Joining Kaufman as co-counsel, the ACLU will handle legal issues related to preemption, while Kaufman will handle all other matters. In addition to Montgomery and Maricopa County, the state Department of Health Services and its director, Will Humble, are defendants in the lawsuit.</p><p>&quot;Arizona residents were fed up with the irrational denial of needed treatments to persons with debilitating illnesses and voted for a law that addresses the problem in a practical way by regulating dispensaries and caregivers who serve patients,” said Daniel Pochoda, ACLU of Arizona legal director. “Montgomery is doing everything he can to derail those efforts and invalidate a law that received public support.&quot;</p><p>Edwards said the White Mountain Health Center dispensary would fill a vital need for patients suffering from such illnesses as HIV, cancer, glaucoma, and agitation of Alzheimer’s disease who have not responded to other medication. Medical marijuana has been found to relieve such symptoms as appetite loss, nausea, and pain.</p><p>“Marijuana is still largely criminalized in Arizona. However, Arizona has chosen, as is its right, to decriminalize and regulate the medicinal use of marijuana,” Edwards said. “Federal law does not prevent Arizona voters from decriminalizing conduct that remains criminal under federal law.”</p><p>Arizona, led by Gov. Jan Brewer and Attorney General Tom Horne, has intervened in the lawsuit. In 2011, Brewer sought to have a federal judge declare the Arizona law preempted on the grounds that it could expose state employees to federal prosecution. Representing all non-government defendants, the ACLU successfully argued the case should be thrown out for lack of jurisdiction. Specifically, the court held the state had not shown the existence of any imminent or even threatened prosecution of state employees by the federal government.</p><p>Other attorneys on the case include Emma Andersson from the ACLU and Kelly Flood of the ACLU of Arizona.</p><p>Click here to read today’s court filing.</p>]]></description>
			<author><![CDATA[dummy@example.com (james sr)]]></author>
			<pubDate>Thu, 27 Sep 2012 19:42:32 +0000</pubDate>
			<guid>http://safeaccessnow.org/punbb/viewtopic.php?id=10213&amp;action=new</guid>
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			<title><![CDATA[Zonka Bar Bust:]]></title>
			<link>http://safeaccessnow.org/punbb/viewtopic.php?id=10179&amp;action=new</link>
			<description><![CDATA[<p><a href="http://blogs.phoenixnewtimes.com/valleyfever/2012/09/zonka_bar_bust_arizonas_anti-p.php">http://blogs.phoenixnewtimes.com/valley &#133; anti-p.php</a></p><p>Zonka Bar Bust: Arizona&#039;s Anti-Pot Zealots Throw Medical-Marijuana Entrepreneurs in Jail<br />By Ray Stern Fri., Sep. 21 2012 at 4:30 AM </p><p><span class="postimg"><img src="http://blogs.phoenixnewtimes.com/valleyfever/zonka%20bar%20bar.JPG" alt="http://blogs.phoenixnewtimes.com/valleyfever/zonka%20bar%20bar.JPG" /></span></p><p>Chris Martin had an idea for a business in Arizona, where voters passed a law that legalizes medical-marijuana &quot;edibles&quot; under certain conditions.</p><p>Last year, the Zonka Bar was born: Available in chocolate, sugar-free peanut butter and other flavors, and infused with marijuana extract. Like other edibles, it was perfect for a medical-marijuana patient who didn&#039;t want to smoke. Assuming it wasn&#039;t adulterated with anything but marijuana, the Zonka Bar was less harmful than a four-pack of wine coolers.</p><p>But Martin and his associates didn&#039;t follow all of the rules under the 2010 law, say authorities.</p><p>Had they contracted with a state-authorized dispensary to distribute the Zonka Bars, their actions would have been legal.</p><p>Instead, these entrepreneurs are facing multiple felony charges and the possiblity of years in prison.</p><br /><p>In schizophrenic Arizona, 841,346 voters passed a liberal law that legalizes marijuana for those with certain medical ailments, but the state is governed by some of the law&#039;s most vocal opponents.</p><p>Local law enforcement officials could be taking a different approach to this very political issue. They could exercise reasonable discretion, but they&#039;ve chosen to side with the prohibitionists.</p><p>State law is part of the problem. Not the new law, but the old, obsolete law -- the one that says possession of a single grain of marijuana is a felony, and that selling, growing or transporting marijuana or the &quot;narcotic&quot; of &quot;cannabis&quot; are serious felonies. Cops love making felony arrests -- and usually, it&#039;s a good thing. Not in this case, though.</p><p>The new and old laws are creating unjust and drastic differences in the way law enforcement deals with marijuana. It&#039;s sort of like threatening a lengthy prison sentence for selling alcohol without a license or carrying a concealed weapon without a permit, (before the new law that says you don&#039;t even need a permit to carry a concealed weapon).</p><p>For the most part, police are alleging that Martin and his associates sold a product labeled as medical marijuana to various compassion clubs, which sold them to medical-marijuana patients.</p><p>Without doubt, this has something do with the burgeoning medical-marijuana industry authorized by the 2010 law. Law enforcement officials aren&#039;t seeing it that way, though.</p><p>A Yavapai County task force that calls itself PANT, for Partners Against Narcotics Trafficking, led a lengthy and expensive investigation into Zonka bars. A September 17 news release from the Yavapai County Sheriff&#039;s Office about the bust is entitled: &quot;P.A.N.T. takes out Drug Sales Syndicate - Items Sold Included Cannabis Candy and Treats.&quot;</p><p>Four people have been arrested so far: Christopher Lee Martin, 37 and Andrea Lyn Martin, 33, of Prescott; and from Phoenix, Todd James, 40, and Christopher Goodrich, 39. Other people are likely to be arrested or charged as the investigation continues, cops say.</p><p>Raids took place on September 12 and 13 at:</p><p>* A commercial kitchen at 1732 West Bell in Phoenix</p><p>* The Joint ReLeaf Compassion Club, 3143 East Roosevelt; AZ CPC 1833 East Indian School Road; and Green Cross, 1000 East Indian School Road, and the home of Todd James, all in Phoenix.</p><p>* And in Prescott, the Green Cross, 919 12th Place #14 and Hippie Village Emporium, 635 Walnut Road.</p><p>Authorities seized 20 pounds of marijuana, &quot;hundreds&quot; of Zonka bars and other candies made by the company, and about $70,000 in cash. Numerous firearms were also recovered, (though that would be the case with a raid of nearly any home in Arizona.)</p><p>Martin was the leader and master chef who created the line of candy bars and other products, police allege.</p><p>Authorities say the investigation began with a tip to Silent Witness, plus other citizen complaints.</p><p>But it&#039;s not like the Zonka company was skulking around a street corner or attending meetings with Los Zetas. They&#039;ve been advertising on the Internet since April. Their Web site was still up as of today, advertising pot-infused candy bars, lollipops and ice cream. The site has rolling banners that warn against use by children and recommend getting the advice of a doctor.</p><br /><p>The site also links to info on Zonka&#039;s &quot;rep program,&quot; stating that:</p><br /><p>&nbsp; &nbsp; I put together a SAMPLE PACKAGE, with either pre-ordered or already assembled standard menu items. The KIT will include marketing materials to help spread the word about our Zonka Bars Brand. We will have a confidentiality waiver included and a free tee shirt as our gift to you for being a Zonka Bars Brand Rep. You must have your MMA Green Card in order to participate. </p><br /><p>Such indiscretion has consequences, clearly.</p><p>Martin and the others are just being charged with selling pot -- they&#039;re being charged with selling a &quot;narcotic.&quot; As New Times pointed out in an April blog post, Arizona law has long defined &quot;cannabis&quot; as the resin extracted from marijuana plants, and &quot;cannabis&quot; is deemed a &quot;narcotic&quot; that merits higher penalties.</p><p>The 2010 law apparently nullifies that &quot;narcotic&quot; designation by defining usable marijuana as the plant or &quot;any mixture or preparation thereof.&quot;</p><p>But prosecutors are alleging the Zonka folks were operating outside of the 2010 law, and therefore the harsh &quot;narcotics&quot; designation applies.</p><p>Jack Fields, the chief of the civil division for the Yavapai County Attorney&#039;s Office, says he believes that, in general, distributing a Zonka-like product to a state-authorized dispensary could be legal.</p><p>But it&#039;s the view of his office that no marijuana can be sold except by dispensaries, which don&#039;t yet exist. Patients can exchange marijuana between themselves under some of the law&#039;s rules, as long as nothing of value is transferred. Registered caregivers can be reimbursed by patients for some of their expenses. But nothing in the 2010 law allows for the model of the compassion clubs, which theoretically give marijuana to dues-paying club members for free, as explained in several New Times articles.</p><p>And although all of the Zonka &quot;players&quot; were either medical-marijuana patients or caregivers, the law doesn&#039;t allow them to manufacture Zonka candies and sell them wholesale to compassion clubs, Fields says.</p><p>The medical-marijuana law, he says, &quot;in our view, calls out very narrow exceptions.&quot;</p><p>In other words, Yavapai County expects those in the medical-marijuana industry to walk a tightrope -- and jail will be waiting if they fall.</p><p>Fields admits his boss, Yavapai County Attorney Sheila Polk, &quot;has very strong opinions&quot; about the medical-marijuana law.</p><p>That&#039;s for sure. Polk is one of the state&#039;s most vocal anti-weed activists. Last month, she even stooped to put out false propaganda about the Arizona U.S. Attorney&#039;s supposed plan to shut down dispensaries if they ever open. Her bad info was subsequently picked up and repeated by Yavapai County Sheriff Scott Mascher.<br />zonka cream.JPG</p><p>An affiliate with Green Cross, one of the targets in the investigation, says the state&#039;s &quot;vendetta&quot; against medical marijuana &quot;makes me want to vomit.&quot;</p><p>The affiliate didn&#039;t want to give his name, but says he knows Chris Martin and the others involved with Zonka personally.</p><p>&quot;These are really nice people -- they&#039;re not criminals,&quot; he says. &quot;They have been arrested for creating an edible line. The only drug they were working with was marijuana.&quot;<br />polk sheila 2.jpg<br />Sheila Polk, Yavapai County Attorney</p><p>The Green Cross operator admits that Martin&#039;s criminal record wasn&#039;t spotless. Fields also confirms that Martin has been busted previously for growing marijuana. A check of court records also turned up a 1996 arrest for criminal damage and assaulting a peace officer; the disposition of the case isn&#039;t given.</p><p>Martin is also the president of the Desert Eagles Motorcycle Club, though it&#039;s unclear if that means he&#039;s some sort of outlaw motorcycle gang member. The Green Cross guy says the club organizes group rides to benefit charity organizations. Fields says the club is affiliated with the Hells Angels.</p><p>Whatever Martin&#039;s background, he seems to have a head for business.</p><p>He just got busy too early.</p>]]></description>
			<author><![CDATA[dummy@example.com (james sr)]]></author>
			<pubDate>Fri, 21 Sep 2012 16:33:48 +0000</pubDate>
			<guid>http://safeaccessnow.org/punbb/viewtopic.php?id=10179&amp;action=new</guid>
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			<title><![CDATA[Medical marijuana card centers raided; police seize pot and candy]]></title>
			<link>http://safeaccessnow.org/punbb/viewtopic.php?id=10135&amp;action=new</link>
			<description><![CDATA[<p><a href="http://www.kvoa.com/news/medical-marijuana-card-centers-raided-police-seize-pot-and-candy/">http://www.kvoa.com/news/medical-mariju &#133; and-candy/</a></p><p>Sep 12, 2012</p><p>TUCSON - Tucson Police have raided two medical marijuana certification centers in Tucson; eight people have been arrested and 10 pounds of high-grade marijuana have been seized.</p><p>According to authorities, two &quot;Shop 420&quot; locations in Tucson were raided Wednesday, along with another location in Casa Grande.</p><p>Police believe operators were illegally growing and selling marijuana from the stores.</p><p>Officers swarmed the location near Grant and County Club, with officers even checking on the roof. They took down their signs and filled a flat-bed truck with items from inside.</p><p>Police arrested eight people in total and confiscated about ten pounds of high grade hydroponic marijuana.</p><p>Police say they also found a handgun at a Tucson location and two pounds of marijuana candy, which is a first for TPD.</p><p>According to the website for Shop 420, the centers certify and provide medical marijuana I.D. cards. The centers also sell marijuana cultivation supplies and courses.</p>]]></description>
			<author><![CDATA[dummy@example.com (james sr)]]></author>
			<pubDate>Fri, 14 Sep 2012 18:04:57 +0000</pubDate>
			<guid>http://safeaccessnow.org/punbb/viewtopic.php?id=10135&amp;action=new</guid>
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			<title><![CDATA[Court Commissioner: Cops Must Return Woman's Confiscated (But Legal) W]]></title>
			<link>http://safeaccessnow.org/punbb/viewtopic.php?id=10032&amp;action=new</link>
			<description><![CDATA[<p><a href="http://www.alternet.org/hot-news-views/court-commissioner-cops-must-return-womans-confiscated-legal-weed?akid=9304.84212.J61PgS&amp;rd=1&amp;src=newsletter702071&amp;t=10">http://www.alternet.org/hot-news-views/ &#133; 1&amp;t=10</a></p><p>Court Commissioner: Cops Must Return Woman&#039;s Confiscated (But Legal) Weed</p><p>Submitted by Kristen Gwynne on Wed, 2012-08-29 13:00</p><p>Cops are not usually the people you expect to show up at your house with weed.&nbsp; But in Arizona, this anomaly may become one woman&#039;s reality. A court commissioner has ordered sheriff&#039;s duties to return weed confiscated from a California medical marijuana card-carrying patient in Arizona. Court commissioner Linda Bleich says returning property the state legally allows a patient to maintain is decent, not illegal: [1]</p><p>Court records show [Valerie] Okun was stopped in early 2011 at a Border Patrol checkpoint along Interstate 8.</p><p>Attorney Michael Donovan said officers searched her vehicle after a dog alerted on it, producing marijuana and hashish.</p><p>Rather than charge her under federal laws, the officers instead wrote up what amounts to a citation for violating Arizona drug laws, turning the matter over to county officials.</p><p>She has a medical marijuana card issued in California. And the Arizona law specifically provides for honoring valid cards from other states.</p><p>The result is that, five months later, the case was dismissed. Okun then filed for return of her property, with a judge ordering its release.</p><p>When Yuma County Sheriff Ralph Ogden refused, the judge ordered both sides to submit legal arguments to Bleich.</p><p>In what appears to be the first ruling in Arizona of its kind, Bleich specifically rejected arguments by prosecutors that federal laws making possession and distribution of marijuana a crime override the 2010 voter-approved law.</p><p>&quot;Congress did not intend to trample on the rights of the state to make their own laws pertaining to illegal drugs and medical marijuana use,&#039; the commissioner wrote earlier this year, &quot;It further implies that state laws pertaining to medical marijuana use can co-exist with federal law without conflict.&#039;</p><p>Needless to say, drug warriors do not agree, and say that Bleich&#039;s argument does not rectify the problem of mandating an act that is illegal under federal law. The case is now under the Court of Appeals, and the ruling may set a precedent for navigating conflict between state and federal laws.&nbsp; Until then, Okun -- out 3/4 an ounce of weed --&nbsp; may be SOL.</p>]]></description>
			<author><![CDATA[dummy@example.com (arrow)]]></author>
			<pubDate>Fri, 31 Aug 2012 02:16:01 +0000</pubDate>
			<guid>http://safeaccessnow.org/punbb/viewtopic.php?id=10032&amp;action=new</guid>
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			<title><![CDATA[County Attorney and Attorney General Seek Summary Judgment in Medical]]></title>
			<link>http://safeaccessnow.org/punbb/viewtopic.php?id=10015&amp;action=new</link>
			<description><![CDATA[<p><a href="http://www.azag.gov/press_releases/aug/2012/120823_summary_judgment.html">http://www.azag.gov/press_releases/aug/ &#133; gment.html</a></p><p> PHOENIX, AZ (August 23, 2012) – Maricopa County Attorney Bill Montgomery and Arizona Attorney General Tom Horne are each filing separate motions for summary judgment in Superior Court today seeking to resolve conflicting issues raised by the Arizona Medical Marijuana Act (AMMA). Today’s filings are the latest response to a lawsuit filed by White Mountain Health Center against Maricopa County and the Arizona Department of Health Services (DHS) and ask the Court to determine whether the AMMA is preempted by federal law prohibiting the possession, distribution and cultivation of marijuana.</p><p>“It is the County’s position that the AMMA is in direct violation of the federal Controlled Substances Act and therefore cannot be implemented without exposing County employees to the risk of federal prosecution,” Montgomery said. “The AMMA also runs afoul of the Supremacy Clause enshrined in the U.S. Constitution by our Founding Fathers, which preempts state law that conflicts with federal law,” he added.</p><p>Attorney General Tom Horne stated: “I was recently asked by 13 out of the 15 County Attorneys in Arizona to issue an Opinion on whether the AMMA is pre-empted by federal law. The two most recent cases, from California and Oregon, clearly hold that states may not authorize what federal law prohibits. These rulings stem from Article Six of the U.S. Constitution, which, in case of conflict gives supremacy to federal law. Therefore, state authorization for growing or selling marijuana is prohibited under federal law and we are therefore asking the court to dismiss the Plaintiff’s complaint.”</p><p>On June 20, 2012 White Mountain Health Center sued Maricopa County and DHS after the County, on the advice of the County Attorney, declined to issue the necessary zoning permits that would allow the Center to operate a non-profit medical marijuana dispensary and cultivation site in Sun City. The case is being heard by Judge Michael D. Gordon.</p><p>pdf Medical Marijuana MSJ.pdf</p><p>pdf White Mtn Cross MSJ.pdf</p><p>pdf Motion_to_Expedite_Consideration_of_Motion_to_Intervene.pdf</p><p>pdf Ex_1_to_Motion_to_Intervene.pdf</p><p>pdf Ex_2_to_Motion_to_Intervene.pdf</p><p>pdf Ex_3_to_Motion_to_intervene.pdf</p><p>pdf Ex_4_to_Motion_to_Intervene.pdf</p><p>pdf Motion_to_Intervene.pdf</p>]]></description>
			<author><![CDATA[dummy@example.com (james sr)]]></author>
			<pubDate>Mon, 27 Aug 2012 17:53:18 +0000</pubDate>
			<guid>http://safeaccessnow.org/punbb/viewtopic.php?id=10015&amp;action=new</guid>
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			<title><![CDATA[Prosecutors challenge Ariz. medical marijuana law]]></title>
			<link>http://safeaccessnow.org/punbb/viewtopic.php?id=9987&amp;action=new</link>
			<description><![CDATA[<p><a href="http://www.sfgate.com/news/article/Prosecutors-challenge-Ariz-medical-marijuana-law-3810243.php">http://www.sfgate.com/news/article/Pros &#133; 810243.php</a></p><p>Prosecutors challenge Ariz. medical marijuana law</p><p>PAUL DAVENPORT, Associated Press<br />Updated 3:00 p.m., Thursday, August 23, 2012</p><p>PHOENIX (AP) — State and county prosecutors on Thursday renewed their legal fight against Arizona&#039;s medical marijuana program, asking a court to rule that the voter-approved law is illegal on grounds that it conflicts with federal drug law…..</p><p>Read more: <a href="http://www.sfgate.com/news/article/Prosecutors-challenge-Ariz-medical-marijuana-law-3810243.php#ixzz24QLHmWvD">http://www.sfgate.com/news/article/Pros &#133; z24QLHmWvD</a></p>]]></description>
			<author><![CDATA[dummy@example.com (arrow)]]></author>
			<pubDate>Fri, 24 Aug 2012 02:07:21 +0000</pubDate>
			<guid>http://safeaccessnow.org/punbb/viewtopic.php?id=9987&amp;action=new</guid>
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			<title><![CDATA[Prosecutor wants to restrict marijuana farm sites]]></title>
			<link>http://safeaccessnow.org/punbb/viewtopic.php?id=9917&amp;action=new</link>
			<description><![CDATA[<p><a href="http://hosted2.ap.org/azmes/788acee4e023427bbfc19d9278ac9378/article_2012-08-10-medical%20marijuana-growers/id-461439f7ba6f4b608f504dde98d3fb5d">http://hosted2.ap.org/azmes/788acee4e02 &#133; de98d3fb5d</a></p><p>Aug. 10, 2012 8:39 AM ET<br />Prosecutor wants to restrict marijuana farm sites</p><p>PRESCOTT, Ariz. (AP) — A Yavapai County prosecutor says his boss wants state law changed so that medical marijuana growers can&#039;t get agricultural exemptions from county zoning and locate near schools or churches.<br />….<br />Information from: The Daily Courier, <a href="http://www.dcourier.com">http://www.dcourier.com</a><br />Associated Press</p>]]></description>
			<author><![CDATA[dummy@example.com (arrow)]]></author>
			<pubDate>Sun, 12 Aug 2012 03:48:47 +0000</pubDate>
			<guid>http://safeaccessnow.org/punbb/viewtopic.php?id=9917&amp;action=new</guid>
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