The Arizona Department of Health Services (DHS) did not accept the first applications from businesses to obtain permits to operate medical marijuana dispensaries today as scheduled.
A notice on the Department's Website says that legal advice from Attorney General Tom Horne and an injunction filed by his office led to the decision to not accept permit applications.
Horne's injunction seeks to clarify protections for patients, caregivers, and state employees charged with administering the Arizona Medical Marijuana Act (AMMA):
"Plaintiffs [the state] respectfully request that the Court determine whether strict compliance and participation by citizens and state employees in the AMMA provides a safe harbor from federal prosecution, or in the alternative, whether the AMMA is preempted by the Controlled Substances Act (“CSA”) and federal law."
The Department is accepting applications for cards from patients and caregivers. Humble said at a press conference that they can grow their own marijuana as long as they follow AMMA guidelines. AMMA does allow patients to grow their own supply if they live more than 25 miles from a dispensary.
Last month, Dennis Burke, the United States Attorney for the Arizona District, responded to a similar request from DHS Director Will Humble. Burke responded that patients would not be targeted targeted for prosecution. Businesses that distribute marijuana, however, would be subject to strict scrutiny and would not be under a "safe harbor" from Federal prosecutors regardless of the AMMA.
There was no mention of prosecuting state employees involved in AMMA-related duties.
Earlier today, Ryan Hurley, an attorney for the Rose Law Group who is representing about 20 prospective dispensaries and investors, told Channel 12 that he might file a request for a court order to force the Department to accept dispensary permit applications. The reason is that AMMA is still the law of the state until or unless it is declared illegal by a court. "This needs to be resolved," Hurley said.
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