An innocuous request from a state senator has once again turned eyes toward the Arizona Department of Health Service’s growing pile of cash graciously provided by the state’s medical cannabis patients.
The fund, which now sits at around $44 million according to Capitol Media Services, is the accumulation of annual $150 patient fees and $200 caregiver card fees since the program’s inception.
The ADHS has repeatedly defended their legal ability to collect (and not use) in court and at the legislature, but Sen. Sylvia Allen, R-Snowflake, may have some ideas about how that money could be spent.
Attorney General Mark Brnovich provided an opinion Aug. 6 in response to Allen’s question on whether the ADHS could use the funds to “help people addicted to drugs.” While vague, the answer is generally “yes.”
Most people familiar with the Arizona Medical Marijuana Act know that a portion of state constitution provides for the protection of voter initiatives from political meddling.
The Voter Protection Act requires any changes to a law passed by voters to achieve a three-fourths vote from legislature and only if the change “furthers the purpose” of the law.
Depending on one’s experience and opinion of cannabis, helping addicts either obviously furthers the purpose of the AMMA or not at all.
Cannabis has rapidly increased in popularity as an addiction treatment for harder drugs like opioids, but exactly how the ADHS would appropriate those funds remains unclear.
Brnovich says expenditures cannot deplete the fund. So as long as the ADHS isn’t spending $5 million a year on addiction services, they can clear that hurdle.
As for whether such spending would further the purpose of the AMMA, he cites the act’s original ballot measure, which says part of the intention is to “make a distinction between the medical and nonmedical uses of marijuana and … protect patients” from prosecution.
Most people take the purpose of the AMMA as providing patients with medical cannabis and a market in which to purchase it.
However, interpreting “making a distinction” between legal and illegal uses of the plant opens the door for some disingenuous “addiction education, prevention and treatment.”
While we’re far from the anti-cannabis clan using AMMA funds to lie to children about how cannabis will kill them (unless they have a patient card), ADHS attitudes toward the program could lean in that direction.
Not only did several attempts to lower card fees fail in the last legislative session, an ongoing court battle over the card fees has made its way up to the Court of Appeals over the high fees.
Arizona has the fourth highest fee in the country, behind $200 in Oregon, New Jersey and Minnesota. It also has more than twice the amount of patients per capita than Oregon and more than tenfold the number of patients per capita in New Jersey and Minnesota.
Ranking as the third largest medical marijuana program in the country, coupled with a constant surplus of millions of dollars, it stands to reason that ADHS could weather at least a modest reduction in fees.
Sean Berberian, attorney in the lawsuit, represents clients who have trouble affording just the fees and rely on cannabis as medication.
He also claims Gov. Doug Ducey and former Gov. Jan Brewer directed the ADHS to keep fees high to deter patients.
Though Ducey’s office has denied the claim, the fact that the anti-cannabis club repeatedly justifies card fees as a deterrent while Ducey helps them raise money for their agenda kinda discredits his denial.
Last year, Maricopa Superior Court Judge Jo Lynn Gentry agreed with Berberian’s assertion but decided there was nothing within her power to change the fact.
Then again, perhaps the ADHS will use the funds to drag people out of addiction treatment scams and into medical marijuana. At least then they’d be able to keep adding to their mountain of gold.
This article appears in Aug 16-22, 2018.
Is it not time to face the reality of his beast we call Medical MMJ.
What government and civil servants are, is the industry leaders of 100+ years ago. Government sells a product, since few are the face government little changes but the picture on the wall name on the door.
What government needs like any industry is more revenue. Build this behemoth beast called MMJ control is a noose. Our state government is run by lobbyists that represent regulation controls. Business’s love regulations as it helps keep market controlled and steady. Regulations limit competition maintain revenue make manageable governance easy. Having problems and general acceptance with government? Lets fly some flags talk about dirt get a new broom sweeps clean all is right.
We all know what is going to happen. National standards across the board. 10mg on edibles or prescribed amount and doses are written and that amount supplied only. All flower will become recreational ways to consume not considered. National standards of reciprocity from state to state driving thru Utah wont be a felony with 2 ounces.
So what in store for AZ. The industry of government wants to sell education on marijuana and addiction. Which will pay for facility counselors all new wont use existing. (dont want druggies around) Heck they might even leave a few lanes in to bowl a druggie league.
Other services will be contracted out counseling indigent services at site. All paid for by marijuana, tobacco, alcohol, sex, domestic violence, gambling, A one stop governmental help center what a Miracle right off the freeway a Mile away.
Government wants to sell us protection and enforcement of protections. Those include elimination of criminal in place of civil charges. Civil Courts with Administrative Courts need funding too the vehicle they use for collection is civil charges then the burden is or the charged or defendant. Of course this needs a enforcement side police.
This is all a bandage for bad calous governing in the first place
Any young person would be a fool to get a MMJ card. Loss of rights all over the board and getting a license is an attestment to recreational drug use a life long stigma for employment to loans. loss of right to have and keep firearm most likely forever. loss of right to sit on jury as well as a loss to jury of your peers. loss of legal counsel in mmj loss of right to legal recourse.
I will counsel and instruct all my grandchildren 15 and growing if you use. Then to obtain illegal if young the cost is to much. There is so many friends that can and will supply legal grown and taxes paid. Better off taking chances first time with a citation and counseling it will already be paid for. After all one of the biggest lobbies in AZ is the Alcohol, we dont want this to end up being run by the McCain machine do we ?
“I will counsel and instruct all my grandchildren 15 and growing if you use. Then to obtain illegal if young the cost is to much.” Huh?
It seems so egotist to think this AZDHS/MMJ legalization is a complete positive to the citizen and youth of Arizona. The mind set of I can get mine pay a tax educate the kids. Yea head is in a constant vapor of sativa.
Whats lost in getting a medical card is the right to sit on a jury and hear marijuana prosecuted cases. Black civil rights came from blacks not finding lost’s of Blacks guilty. So any marijuana case that goes to trial automatic conviction. Getting a card guaranties marijuana convictions it’s that simple. But hey I got my card he can get his what a putz view.
Lost is the anonymity of use much like alcohol tobacco gambling sex. NO getting a card says I am an addict which puts all kinds of limits on future education employment credit rating insurance etc etc. But hey I got my card they can get theirs putz view.
As it is now the legal distributed marijuana through dispensaries make some patients suppliers to others. I have seen it happen like adultery it happens, Like alcohol causes 60% of auto deaths and 80% domestic violence it happens. However those are diminishing because of ready supply that seems to be working.
We the patient such as myself need to realize we are in a holding pattern here. My 70 years of watching develop says, The hippie advocate with patchouli oil, tie dye, and dreads are not the advocates of the patients.
What will happen will be national standards across the board on recreational. All states that pass to legalize will comply medical will allow stronger but regiment prescribed no license needed