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An Addition To The 25 Mile Rule Prohibition Lawsuit
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An Addition to the 25 Mile Rule Prohibition Lawsuit

PHOENIX, ARIZ.

The defendants have filed a Motion to Dismiss stating: “plaintiffs have failed to exhaust their administrative remedies arising out of adverse decisions of the Department.” Though Cassidy has exhausted all of his administrative remedies the defendants are asking that the complaint be dismissed. Therefore, the “Department’s decision is final and not subject to further review.” There is more –

“There is no right to seek judicial review of an administrative agency decision unless judicial review is provided by statute.” “Because no statute authorizes this action independent from the administrative process, the Court is without jurisdiction, and the Complaint should be dismissed.” Gets even better –

“Qualifying patients are free to decide whether they wish to apply for and obtain a registry identification card. If they choose to obtain a card, qualifying patients must comply with the AMMA and {AzDHS} Rules.” “Prohibiting someone from self-supplying controlled substances, even if the purpose is medical, is not the same as compelling someone to participate in a health care system.” Really now… We are only talking about marijuana – what on Earth is this man getting at here? “…controlled substances…” Continuing, “Those who volunteer to participate {in the Program} must follow the terms of the AMMA and {AzDHS} Rules. But no provision of the AMMA compels any person, or employer or health care provider that has not voluntarily subjected himself to regulation thereunder to participate in the Program.”

“While the AMMA and {AzDHS} Rules contain strict regulations regarding persons who may sell medical marijuana and the terms and conditions under which they may do so, nothing therein prohibits a person from paying directly for medical marijuana, nor does the AMMA or {AzDHS} Rules impose penalties or fines on those who do so.” Nothing?

The “entire case is based on their desire not to pay for health care services related to medical marijuana. They want to “grow their own.” ” This is really something here, “Maybe they also want to self-supply other controlled substances.” Once again the “controlled substances”, the complaint was made so patients may have the option to cultivate medical marijuana not any other controlled substance, Sir! Maybe the defendants’ lawyer is on some other controlled substance – not marijuana. Or maybe he is referring to the difference in the State law definitions for marijuana and cannabis? That is another topic.

To sum it all up, the Arizona Department of Health Services nearly has and wants to maintain a monopoly on the medical marijuana industry within the State, starting with their cap of 1:10; dispensaries to pharmacies. In addition, NOT allowing ill patients and their providers to cultivate the medicine needed for the patients debilitating medical condition as the purpose of the AMMA stated in its findings. Though there are many more to list I will spare myself the exhaustion of mentioning them all.

Maybe the Department is not aware of the benefits of raw cannabis and how it is one of the best treatment options a patient may use for their debilitating medical condition rather than smoking it. What can be agreed on is that cannabis is best in its natural state in which it is not altered then is best administered through vaporizing and or through consumption methods such as: cannabis in concentrated form, tincture form, salves, balms, lotions, edible form or of drink form - juicing which takes a lot of raw cannabis to make a 12 fluid ounce drink. There are far too many forms in which raw cannabis can be prepared or mixed for a patient’s needs.

But to limit the key to maintaining the purpose of the AMMA - legalizing the medical use of marijuana, would only serve to hinder the availability of treatment options a patient has or will have if they so choose to engage in the medical use of marijuana. The gate-keepers to the medical use of marijuana are the physicians not the Department! The gate is opened to the patient with the written recommendation of the gate-keeper which really the Department should have no business in physician-to-patient relations. This is another problem with the Program... The AMMA definition of "medical use" - means the acquisition, possession, cultivation, manufacture, use, administration...relating to the administration of marijuana to treat or alleviate a registered qualifying patient’s debilitating medical condition or symptoms associated with the patient’s debilitating medical condition. Enough said...


Street Talk

  

This bogus motion to dismiss means nothing...

Reply
  about 9 years ago
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