New medical marijuana rules posted by ADHS

The Arizona Department of Health Services published a new set of draft rules for the Medical Marijuana Program on its website today. The rules will be available for public comment and review until February 18th, including 4 public hearings. These draft rules contain several changes from the informal draft rules published in December, many of which came from the comments sent to the Department.

“This is very much an interactive process. We took what people said about the rules and worked them into the new draft, while still making sure it remains a medical marijuana program,” said Will Humble, ADHS Director. “The process is back in the public’s hands. Do they like what we have changed? Do these rules represent the program they want in Arizona, in their communities for decades to come? Now’s the time to tell us.”

The new draft rules require a physician who certifies a patient for medical marijuana to attest to having diagnosed or confirmed the relevant diagnosis. The draft rules provide for a geographic distribution of the dispensaries to provide easy access to dispensaries and limit the number of people who grow marijuana for themselves. The draft rules also outline how the Department will award dispensary certificates if there is more than one complete application for a specific CHAA.

The complete rules are available on the ADHS website along with the electronic comment form and a schedule of public hearings.
Division of Public Health Services
Office of the Assistant Director
Public Health Preparedness Services
150 N. 18th Avenue, Suite 520
Phoenix, Arizona 85007
(602) 542-1023
(602) 364-3445 FAX

MEDICAL MARIJUANA FREQUENTLY ASKED QUESTIONS
How can I get a qualifying patient registry identification card to use medical marijuana?
The draft rules require qualifying patients to obtain a written certification for medical marijuana from a physician (medical doctor, osteopath, naturopath, or homeopath) who makes or confirms a diagnosis of a debilitating medical condition for the qualifying patient. In the written certification, the physician will need to state that the physician agrees to assume responsibility for providing management and routine care of the qualifying patient’s debilitating medical condition. The physician will also need to attest to having conducted an in-person physical examination of the qualifying patient appropriate to the qualifying patient’s symptoms and the debilitating medical condition.

Who can be my designated caregiver?
The designated caregiver can be anyone over 21 who does not have an excluded felony offense and agrees to assist the qualifying patient with the qualifying patient’s medical use of marijuana. A designated caregiver does not have to be a home health aide or other professional caregiver.

How many caregivers may I have?
A qualifying patient may designate only one individual to assist the qualifying patient with the use of medical marijuana. This designation does not affect the ability of the qualifying patient to use other caregivers to assist the qualifying patient with the administration of other medications, activities of daily living, home health care, or other tasks.

If I am authorized to grow marijuana and a new dispensary opens within 25 miles of where I live, what happens?
When a qualifying patient applies for renewal of the registry identification card, the Department will check if the qualifying patient’s address is within a 25-mile radius of the nearest dispensary and will issue a new registry identification card accordingly. If the qualifying patient’s address is within a 25-mile radius of the nearest dispensary, the Department will send the qualifying patient a list of all dispensaries along with a registry identification card indicating that the qualifying patient is not authorized to grow marijuana. The registration identification card issued to the qualifying patient’s designated caregiver, if the qualifying patient has one, will also indicate that the designated caregiver is not authorized to grow marijuana.

Will there be people growing medical marijuana in my neighborhood?
The Arizona Medical Marijuana Act allows a qualifying patient or the qualifying patient’s designated caregiver to be approved by the Department to cultivate medical marijuana if the qualifying patient lives more than 25 miles from the nearest dispensary. A dispensary may cultivate marijuana at the dispensary or at a cultivation site, but the location of the dispensary and the cultivation site needs to be in compliance with local zoning restrictions. Anyone who grows medical marijuana must do so in an enclosed area.

Where will I be able to use medical marijuana?
According to the Arizona Medical Marijuana Act, a qualifying patient may not consume medical marijuana at a dispensary. The law lists other places where a qualifying patient may not smoke medical marijuana, including public places, but allows qualifying patients to consume marijuana-infused edible food products in public. A qualifying patient who lives in a nursing care institution, hospice, assisted living facility, or adult foster care home or who attends an adult day health care facility may also have to follow restrictions imposed by the facility.

How will I know if I’m getting medical marijuana?
The draft rules require labels containing specific information about where the marijuana came from, amount and strain, date of manufacture, a list of chemical additives, and other information to be attached to all products sold by dispensaries, including marijuana or products containing marijuana. Edible food products containing marijuana must have an additional statement about the safety, oversight and the relative weight of the marijuana.

Will dispensaries be selling candy and brownies with marijuana?
According to the draft rules, dispensaries are allowed to sell edible food products made with medical marijuana. These edible food products must be produced in a licensed food establishment.

How will dispensaries be distributed throughout the state?
The Arizona Department of Health Services (Department) will accept applications for dispensary registration certificates beginning in May, 2011. For this initial issuance of dispensary registration certificates, the Department plans to allocate certificates on the basis of Community Health Analysis Areas (CHAAs).

What is a CHAA?
Community Health Analysis Areas were developed in 2005 as relatively small, community-based geographic units with a large enough population base to do statistical analysis. ADHS developed the CHAAs to align with growing rural and urban communities. A CHAA in the highly urbanized areas of Maricopa County contains approximately 100,000 persons. The average rural CHAA contains approximately 10,000 persons. More information about CHHS is available at: http://directorsblog.health.azdhs.gov/?tag=community-health-analysis-areas

How will dispensary registration certificates be awarded?
The Department plans to award dispensary registration certificates using the methodology described in R9-17-302. If only one complete and compliant application is received for a dispensary to be located in a particular CHAA, that applicant will be awarded a certificate. If more than one complete and compliant application is received for a dispensary to be located in a particular CHAA, the Department will randomly select from these applicants the one to be awarded a certificate. This selection will be made in a public forum in the summer of 2011.

Once a dispensary is awarded a dispensary registration certificate, when can the dispensary begin operations? According to the draft rules, a dispensary that has been awarded a dispensary registration certificate must obtain from the Department an approval to operate before beginning operations as a dispensary. The process for applying for approval to operate is described in R9-17-304.

Will anyone be able to open a dispensary?
The draft rules require all principal officers and board members of a dispensary to have been an Arizona resident for three years immediately preceding the date the dispensary submits a dispensary registration certificate application. Principal officers and board members of a dispensary must also be at least 21 years of age and pass a background check. Other conditions that may affect the ability of a dispensary to obtain a dispensary registration certificate are described in R9-17-321.

Will there be medical oversight of dispensaries?
The draft rules require a dispensary to employ or contract with a physician to be the dispensary’s medical director. The responsibilities of the medical director are specified in R9-17-312 and include providing training to the dispensary’s dispensary agents and overseeing the devel0opment and distribution of educational materials for qualifying patients and designated caregivers. A medical director is not permitted by the draft rules to provide written certification for medical marijuana.

How will medical marijuana be transported from where it is grown to the dispensary or from the dispensary to qualifying patients who cannot drive?
According to the draft rules, a dispensary may transport medical marijuana to other dispensaries and patients:
· Only in a vehicle with no medical marijuana identification, with no visible marijuana or paraphernalia
· Complete a trip plan which must be carried in the vehicle
· Have a means of communicating with dispensary
· If to a patient, comply with requirements for verification and recordkeeping specified in R9-17-313.

What security will a dispensary have to provide?
The draft rules require dispensaries to comply with the security requirements in R9-17-317. These include having security equipment to deter unauthorized entrance to limited access areas, exterior lighting, and video surveillance cameras. A dispensary must also have policies and procedures in place for the use of the security equipment to prevent unauthorized access to medical marijuana at the dispensary.

How will dispensaries get the marijuana they sell?
According to the draft rules, all dispensaries in Arizona will be required to cultivate the marijuana or obtain the marijuana from qualifying patients, designated caregivers, or other Arizona dispensaries. The draft rules require dispensaries to have an accurate inventory control program that tracks the marijuana from its source to the person to whom the marijuana is sold.

How much will it cost to obtain an individual registry identification card or a certificate to operate a dispensary?
According to the draft rules, the costs will be:
· $160 for an initial or a renewal registry identification card for a qualifying patient. Some qualifying patients may be eligible to pay $80 for initial and renewal cards if they currently participate in the Supplemental Nutrition Assistance Program.
· $200 for an initial or a renewal registry identification card for a designated caregiver.
· $200 for an initial or a renewal registry identification card for a dispensary agent.
· $5,000 for an initial dispensary registration certificate.
· $1,000 for a renewal dispensary registration certificate.
· $2,500 to change the location of a dispensary or cultivation facility.

What if I don’t like these draft rules or have a better idea?
If you are concerned about local regulations, please contact your city or county. However, please contact ADHS (hotlink to form) if you have constructive criticism and ideas for changes to the draft rules.