ARIZONA’S MEDICAL MARIJUANA INITIATIVE DOUGLAS W. HEBERT F]

ARIZONA’S ARIZONA’S MEDICAL MARIJUANA INITIATIVEMEDICAL MARIJUANA INITIATIVE

DOUGLAS W. HEBERT

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ARIZONA’S MEDICAL MARIJUANA ARIZONA’S MEDICAL MARIJUANA INITIATIVEINITIATIVE

• AzMMA Is designed to prey on voters’ sympathy for the terminally ill and those with debilitating illnesses.

• Reality is, the AzMMA is nothing more than a vehicle to virtually decriminalize marijuana in Arizona by creating legal barriers for law enforcement, prosecutors, courts, state licensing entities and employers.


FACTS

• Decreases in perceived harm and social disapproval - leads to increase in drug use.

• The lowest perception of risk for smoking marijuana once a month among teens 12 to 17 years is in states with medical marijuana laws - Nevada, Michigan, California, Hawaii, Montana, New Mexico, and Maine.


FACTS

• The American Medical Association, the National Multiple Sclerosis Society, the American Glaucoma Society, the American Academy of Ophthalmology and The American Cancer Society all have rejected marijuana as medicine.

• The FDA has, however, approved Marinol, a prescription medication which contains the synthetic form of THC found in marijuana.


FACTS

• Marijuana is a federally Scheduled 1 controlled substance (which by definition means it has no medicinal value), for which neither the Food and Drug Administration nor the Institute of Medicine have found medicinal value.

ARIZONA’S MEDICAL MARIJUANA ACTARIZONA’S MEDICAL MARIJUANA ACTFACTS

• SMOKED MARIJUANA IS NOT MEDICINE! The FDA and NIDA agree that smoked marijuana has no currently accepted medical use in treatment, and that it is harmful and can be addictive.


• New initiative allows physicians to issue a “written certification” that a patient is likely to receive therapeutic or palliative benefit from marijuana use.


• CARDHOLDER – means a qualifying patient, a designated caregiver, or a non-profit medical marijuana dispensary agent who has been issued a card.

• QUALIFYING PATIENT - means a person who has been diagnosed by a physician as having a debilitating medical condition. A. Cancer, glaucoma, HIV, Hepatitis C, Crohn’s Disease,

agitation of Alzheimer's, Amyotrophic Lateral Sclerosis 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 epilepsy); or severe and persistent muscle spasms (including MS)

C. Any other medical condition or treatment added by the department


• DESIGNATED CAREGIVER – Person who assists the patient with his/her marijuana use - must be 21 - cannot be convicted of a violent felony. Cannot be a caregiver to more than five qualifying patients.

ARIZONA’S MEDICAL MARIJUANA INITIATIVE

• NON-PROFIT MEDICAL MARIJUANA DISPENSARY – Acquires possesses, cultivates, manufactures, delivers, transfers, transports, supplies, sells, or dispenses marijuana or related supplies and educational supplies.


• VISITING QUALIFYING PATIENT - Not a resident of Arizona, has been here less than

30 days, who has been diagnosed with a debilitating medical condition by a person licensed to prescribe drugs to humans in the state of the person’s former residence


• PHYSICIANS - Doctor of Medicine who holds a valid medical license in Arizona - to include Osteopathic and Naturopathic physicians.

• Doctors required to conduct full patient exam and medical history

• Issue: Nothing in the initiative stating that exam and medical history is conducted in-person.

Juveniles

• Department can issue to individuals under the age of 18. Requires certification from 2 physicians and the parent/guardian.

• Issue: Parent/guardian controls dosage and frequency of use.


• Allowable amount of marijuana is 2-1/2 ounces (14-days).

• The number of licensed medical marijuana facilities in the state of Arizona will be limited to a one -to-ten ratio of licensed pharmacies. (Approximately 125).


• THE MARIJUANA CULTIVATION “HALO” - If a patient resides more that 25 miles from a medical marijuana facility, they are permitted to “grow their own” - up to 12 marijuana plants.

ARIZONA’S MEDICAL MARIJUANA INITIATIVE


• A registered medical marijuana dispensary or its agent is not subject to prosecution, search, or inspection, except by the Department of Health Services.

• The only authorized agency to inspect a medical marijuana dispensary is the Department of Health Services “and shall give reasonable notice of an inspection” (no surprises!).


• Physician shall not be subject to arrest, prosecution or penalty in any manner, or denied any right or privilege (courts, medical board, etc.).

• No person shall be subject to arrest, prosecution or penalty, denied any right or privilege by any court or licensing board for being in the presence or vicinity of medical use marijuana.


• No school or landlord may refuse to enroll or lease solely for status as cardholder (unless failing to do so would cause the school or landlord to lose a monetary or related benefit under federal law).

• Employer may not discriminate against a person in hiring, termination, or imposing any term or condition of employment based upon either:– Person’s status as a cardholder– Or a positive drug test for marijuana components or metabolites,

unless the patient used, or was impaired on the premises during the hours of employment.


• No person may be denied custody for visitation or parenting time with a minor, and no presumption of neglect or endangerment.


This initiative does not authorize the following:

A.Undertaking any task “under the influence” of marijuana that would constitute negligence or professional malpractice.

B.Possessing or engaging in the medical use of marijuana:

On a school bus

On school grounds - pre-school, primary and secondary

In any correctional facility

On any form of public transportation

In any public place


• Operating, navigating, physical control of any motor vehicle, aircraft, or motorboat, shall not be considered to be under the influence of marijuana solely because of the presence of metabolites or components of marijuana in insufficient concentration to cause ‘impairment’ (drugged driving).

ARIZONA’S MEDICAL MARIJUANA ARIZONA’S MEDICAL MARIJUANA

DISCRIMINATIONS PROHIBITED

EMPLOYER DILEMMA On March 16, 2010, a Michigan Walmart employee,

Joseph Casias, was fired for testing positive for medical marijuana.

Walmart spokesman:

“We’re sympathetic to Mr. Casias’ condition,” he said. “However, like so many other employers, we have to consider the overall safety of our customers and associates, including Mr. Casias, when making a difficult decision like this.”


VOTERS CHOICE….


WHAT CAN’T WE DO?

• 501(c)(3) organizations cannot take a position on the issue. (Can’t tell someone how to vote.)

WHAT CAN WE DO??

• Educate and advocate!

• Become familiar with key provisions of the initiative that are not in the best interest for Arizona citizens.

ARIZONA’S ARIZONA’S MEDICAL MARIJUANA INITIATIVEMEDICAL MARIJUANA INITIATIVE

THANK YOU!

DOUGLAS W. HEBERT

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ARIZONA’S MEDICAL MARIJUANA INITIATIVE DOUGLAS W. HEBERT F]