T.H.E.F.T. is an acronym for Tinctures, Hash, Extracts, Foods and Topicals.
Arizona Revised Statutes 28.1 also known as the Arizona Medical Marijuana Act is once again under attack. The Phoenix police officers have been directed, according to them, to confiscate any and all products containing concentrated marijuana and potentially press criminal charges against the patient. The reason is Arizona criminal code 13-3401. Amended February 16th 2012, the applicable portion of it reads;
4. "Cannabis" means the following substances under whatever names they may be designated:
(a) The resin extracted from any part of a plant of the genus cannabis, and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or its resin. Cannabis does not include oil or cake made from the seeds of such plant, any fiber, compound, manufacture, salt, derivative, mixture or preparation of the mature stalks of such plant except the resin extracted from the stalks or any fiber, oil or cake or the sterilized seed of such plant which is incapable of germination.
(b) Every compound, manufacture, salt, derivative, mixture or preparation of such resin or tetrahydrocannabinol.
THE PURPOSE OF THIS FUNDRAISER:
Proposition 203 was voter approved legislation and is protected by proposition 105.
The stated purpose of the act "the purpose of this act is to protect patients with debilitating medical conditions, as well as their physicians and providers, from arrest and prosecution, criminal and other penalties and property forfeiture if such patients engage in the medical use of marijuana."
Upon becoming Arizona Revised Statute 28.1 definitions were established in section 36-2801
(color coding added for comparison purposes only)
(Caution: 1998 Prop. 105 applies)
In this chapter, unless the context otherwise requires:
1. "Allowable amount of marijuana"
(a) With respect to a qualifying patient, the "allowable amount of marijuana" means:
(i) Two-and-one-half ounces of usable marijuana
The definition of "useable marijuana" is also listed in the body of the same text as:
8. "Marijuana" means all parts of any plant of the genus cannabis whether growing or not, and the seeds of such plant.
15. "Usable marijuana" means the dried flowers of the marijuana plant, and any mixture or preparation thereof, but does not include the seeds, stalks and roots of the plant and does not include the weight of any non-marijuana ingredients combined with marijuana and prepared for consumption as food or drink.
The Arizona Department of Health Services promulgated the Rules & Regulation governing the Arizona Medical Marijuana Program and in doing so included the following sections;
New Section made by exempt rule-making at 17 A.A.R. 734, effective April 14, 2011 (Supp. 11-2).
R9-17-304. Applying for a Dispensary Registration Certificate
v. Prepare, sell, or dispense marijuana-infused edible food products;
vi. Prepare, sell, or dispense marijuana-infused non-edible products;
The stated purpose of the AMMA along with the author's use of the exact verbiage from the previous narcotic law relating to the topic of "cannabis" would lead any common individual of sound mind to conclude the purpose of the later document (ARS 28.1) was to nullify the verbiage of the previous document through use of the verbatim scripting.
The Phoenix Police Department does not agree and has openly stated as such. Also, officers are confiscating medication that we believe is allowed under ARS 28.1 and outlined in the text of the document above including but not limited to: Tinctures, Hashish, Extractions, Foods, Topicals.
On August 8th patients at a Phoenix vapor lounge were approached by plain clothes officers and questioned without being read their Miranda rights. These patients answered the officers questions believing themselves to be in full compliance with ARS 28.1. Officers evoked the "plain sight rule" and confiscated medication from several patients. These patients believe themselves to be in compliance with ARS 28.1 and that their medication was taken erroneously and without due process of law. Two of the three patients that were detained had medication confiscated and both of those patients are US combat veterans. One patient has filed a complaint and a request for the return of their property with the Phoenix Police Department and Bill Montgomery's Office."
These patients all need assistance financially as they have retained private counsel in this matter, Tom Dean, a predominate marijuana trial lawyer is listed as the attorney of record for one of the patients stemming from an earlier police action the week prior and has agreed to assist the other patients involved in the secondary police action where no charges have been filed as of yet.
This fundraising campaign is for the purposes of generating monies to pay for legal fees ONLY and all donations go directly to legal fees and filings involved with but not limited to the following:
*legal motion filing fees
in the filing for:
*emergency motion for injunctive relief
*temporary restraining order against any/all State of Arizona Law Enforcement Officers regarding this section of ARS 28.1
*request for declaratory judgement regarding this matter
Please contribute what you can to protect Arizona's voter approved patient's right to choose how mmj patients administer their medication. Their ability to determine which of those methods offers them the greatest relief is not something that should be taken lightly and needs to be protected. This effects everyone from dispensary owners to the patients buying those dispensary products placing themselves at risk. Please contribute today! We will be acting on these motions as quickly as possible to prevent other patients from suffering similar circumstances.
AZ MMJ PATIENT ADVOCATE