New rules released on Medical Marijuana in AZ
GLOBE — On Jan. 31, 2011 the Arizona Department of Health Services released revised rules for the regulation of the approved medical marijuana bill that passed in the November general election last year.
The revised rules place a substantial amount of responsibility on the prescribing physician, who must “identify the debilitating medical conditions” had by the qualifying patient as well as provide a statement that the physician agrees to assume responsibility for providing management and routine care of the qualifying patient’s debilitating medical conditions.
The physician must also submit a statement that he/she has established a medical record for the qualifying patient and is maintaining these records throughout the treatment. The physician is also required to review all medical records for the qualifying patient from all other treating physicians within the previous 12 months, and review the qualifying patient’s response to conventional medications and medical therapies.
An in-person exam is required to diagnose the debilitating condition that would qualify for the use of medical marijuana.
These precautions are hoping to prevent a lax system that may lose oversight and control of who receives a medical marijuana registry ID card.
Arizona is now the fifteenth state in the U.S. plus Washington, D.C. that has legalized the use of medical marijuana. Cities and towns in the state of Arizona will begin placing bids to locate a medical marijuana dispensary in their city limits on May 1, 2011. Applications will be accepted for 30 days. Globe is among the cities vying for a dispensary to be located within the city limits. According to City Manager, Kane Graves, the city is looking to have the dispensary located in the vicinity of the Globe Police Department. High security measures will also be in place. The dispensary would be professionally run by Globe Farmacy. The exact location has not been decided at this time, but a public hearing to discuss the matter is set to take place today Wednesday, Feb. 9, 2011 at 6 p.m. at City Hall.
According to the Department of Health and Safety rules, medical marijuana can be prescribed by a physician for the following conditions:
3. Human immunodeficiency virus;
4. Acquired immune deficiency syndrome;
5. Hepatitis C;
6. Amyotrophic lateral sclerosis;
7. Crohn’s disease;
8. Agitation of Alzheimer’s disease;
9. A chronic or debilitating disease or medical condition or the treatment for a chronic or
debilitating disease or medical condition that causes cachexia or wasting syndrome;
10. A chronic or debilitating disease or medical condition or the treatment for a chronic or
debilitating disease or medical condition that causes severe and chronic pain;
11. A chronic or debilitating disease or medical condition or the treatment for a chronic or
debilitating disease or medical condition that causes severe nausea;
12. A chronic or debilitating disease or medical condition or the treatment for a chronic or
debilitating disease or medical condition that causes seizures, including those
characteristic of epilepsy;
13. A chronic or debilitating disease or medical condition or the treatment for a chronic or
debilitating disease or medical condition that causes severe or persistent muscle spasms,
including those characteristic of multiple sclerosis; or
14. A debilitating medical condition or treatment approved by the Department under A.R.S.
36-2801.01 and R9-17-106.
A qualifying patient registry ID card would cost $160. The Department also reserves the right to revoke an ID card or deny a card to a qualifying patient on grounds established in the rules, including the lack of evidence of a debilitating condition, or if evidence of misuse of the substance is found. Patients are not allowed to give marijuana to other patients, and can be prosecuted if they do so.
The Department of Health and Safety has established Community Health Analysis Areas, based on the number of chronic ill patients, which will be used to determine the location of the dispensaries throughout the state. The public is invited to provide their comments to the Department at the website: http://azdhs.gov/prop203/.
Toronto Judge Rejects Pot Smoking As A Religious Right
A religious group has lost its bid to be exempted from Canada's marijuana laws. The Church of the Universe uses the drug as a sacrament and argues the law infringes on their freedom of religion rights under the charter. Prosecutors had told a Toronto judge that allowing the church's application would effectively legalize marijuana, as others would claim a religious right as well. Justice Thea Herman ruled against the church today.
The constitutional challenge came in the case of two church members charged with trafficking marijuana. Peter Styrsky and Shahrooz Kharaghani allegedly sold pot to undercover officers in 2006, and their case is back in court Feb. 21. Last year, the Supreme Court of Canada dismissed an application from church founders Walter Tucker and Michael Baldasaro for leave to appeal their 2007 marijuana trafficking convictions.
The men sold small amounts of pot to an undercover police officer who posed as a new church member. On its website, the church refers to marijuana as God's "Tree of Life" and that God's children have a right to use it as a sacrament in "their lives and worship." "Church members are encouraged to surround themselves with the holy Tree of Life, not just inhaling it, but wearing it, growing it, writing on it, eating it, etc.," the site reads. "They decide for themselves ways and times to use God's Tree of Life."
Colorado teen battles to attend school and continue medical pot use
A Colorado teen has been told that if he consumes his legal medical marijuana, he cannot attend classes at his school or he will be “in internal possession” of the drug.
According to the Colorado Independent, Michigan Messenger’s sister site, the boy has been prescribed the medical pot to control his rare neurological condition diaphragmatic and axial myoclonus. A letter from his physician shows that the teenager has tried numerous other medications to intervene with the condition which causes seizures that can last 24 hours or more.
Treatment: Sinemet 25/100 mg tablets, 2 tablets by mouth three times per day Zoloft 50mg at bedtime THC 10-50mg as needed for episode of breakthrough myoclonus
Rationale: Failure to respond to a host of other medications including Keppra, clonazepam, valium, morphine, benadryl, Xanax, inhaled lidocaine, Dilantin, Tegretol, Depakote, Flexeril, Artane, IVlg and Solumedrol. Previously, (redacted name) was taking benzodiazepines while at school for episodes of breakthrough myoclonus which was sedating and ineffective to control the symptoms. We now have (redacted name) on a medication regimen which actually helps reduce the frequency and duration of his spells, and have found a medication which reliably aborts the attacks (THC) when they occur.
He has no significant side effects to the THC and is functional on this medication. I strongly recommend that (redacted name) return to school on his current medication regimen and be allowed to take the THC which has been prescribed by a physician to treat his medical condition.
But school officials have said if the student takes his THC lozenges, he can’t attend school.
“They say if he takes his medicine it is ‘internal possession’ and he cannot come back to school,” the teenager’s father told The Colorado Independent. The boy attends Sierra High School
Medical Marijuana patient sues Royal Oak
Another resident is suing the city because of its new zoning ordinance that allows patients to use but not grow medical marijuana.
Christopher Frizzo, 47, a qualifying patient who has multiple sclerosis, filed a lawsuit Monday in Oakland County Circuit Court. He isn’t seeking monetary damages.
“He wants Royal Oak to repeal its ordinance that limits medical marijuana from being grown or cultivated and if they won’t do it he wants the judge to declare the Royal Oak ordinance unenforceable and void,” said Neil Rockind, one of Frizzo’s attorneys.
Rockind, who is representing Frizzo pro bono, served the city with the lawsuit in person. He was following up on a threat to sue made during public comment of the Jan. 24 City Commission meeting.
“I think the way some politicians and localities are approaching medical marijuana is hurting patients when it’s their job to protect people like Christopher Frizzo,” Rockind said. ”I marched down to City Hall with the lawsuit in my hand and told the city clerk you’ll be getting to know me.”
The Michigan Medical Marijuana Act passed by state voters in November 2008 allows qualifying patients to grow to up to 12 medical marijuana plants or have a caregiver do it for them if both are registered with the Michigan Department of Community Health.
Frizzo’s lawsuit says he has no caregiver and grows his own medicine because he has limited mobility and financial means.
In a phone interview, Frizzo said medical marijuana reduces the severity of his muscle spasms and nausea while increasing his appetite.
“In minutes, the nausea and sick feeling goes away. It likes a miracle,” Frizzo said.
City bans medical marijuana dispensaries
La Cañada Flintridge City Council members voted unanimously Monday to declare medical marijuana dispensaries a public nuisance and permanently ban them from opening within city limits.
Though no one has ever filed for a permit to open a pot clinic in La Cañada, Community Development Director Robert Stanley described the move as a pre-emptive measure because an existing medical marijuana dispensary moratorium was set to expire in April.
Despite concerns over the often murky nature of state laws governing medical marijuana distribution and a plethora of past and pending legal action, council members said a ban was necessary to protect the safety and character of the city.
“I think this is a health and safety issue, particularly for our youth. If we made our decisions based on fear of litigation, we’d never make a decision,” said Councilman Greg Brown.
The ordinance declaring clinics a public nuisance reads that cities with pot clinics “have observed negative secondary effects to public health, safety and welfare, including increased crime such as burglaries, robberies, or sale of illegal drugs.”
Despite the ban on dispensaries, licensed hospices and health clinics will remain able to administer medical marijuana treatments to chronically ill patients in their care — exemptions Mayor Donald Voss said “get to the heart of why [permitted medical use] is state law in the first place.”
Four Arrested After Illawarra Drug Raids
Cannabis plants, weapons and stolen goods have been seized by police during raids south of Sydney. Three men and a woman remain in custody after simultaneous raids on six properties in Unanderra and Berkeley, in the Illawarra region, at 8am on Tuesday.
Police allegedly seized three cannabis plants, 2.5kg of cannabis leaf, a quantity of methylamphetamine, a replica firearm, ammunition, a stun gun, cash and a stolen motorcycle.
The men, aged 31, 38 and 41 and the 38-year-old woman are expected to be charged with various drug supply and property offences. Police said the operation was part of a three-month ongoing investigation into the cultivation and supply of cannabis in the area.
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