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Patient Sues Arizona Over Right To Grow Marijuana
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Patient Sues Arizona Over Right To Grow Marijuana

Arizona facing more legal challenges after yesterday's filing of HAYES v ARIZONA in federal court.

The lawsuit challenges section 36-2804 of the AMMA and declares it unconstitutional. Named in the lawsuit are Jan Brewer, Tom Horne, Will Humble and Robert Halliday, and the State of Arizona et al.

Bill Hayes, the plaintiff in the case is claiming that the "25 Mile Rule" aka ARS 36-2804.02 A 3 f, is in violation of the Federal Equal Protection Act under the 14th Amendment to the US Constitution.

Judge Susan Bolton has been assigned the case in which "oral argument" has been requested by the plaintiff. Judge Bolton has previously heard medical marijuana cases involving the state of Arizona and is famous for her dissection of SB 1070. In SB 1070, Judge Bolton removed parts she deemed unconstitutional and that is exactly what Hayes is looking to accomplish.

The lawsuit, if Hayes wins, would remove the dispensaries ability to restrict cultivation within 25 miles of its location. This is a major blow to the medical marijuana monopoly scheme currently in place, which Hayes is also a part of we should add. His business, Arizona Cannabis Society LLC has made public claims of intentions to submit various applications around the state for medical marijuana dispensaries.

So why would he cut his own throat?

We asked Hayes that very same question today in an interview, his reply was "It's the right thing to do. I hear patients concerned at every meeting I go to, talking about the dispensaries coming and how high our (AZCS) prices will be. I try to reassure them if anything our pricing will go down, not up. However you can never promise anyone that your prices would ever be comparable to the cost of self cultivation if your an honest dispensary operator. You simply cannot make that claim let alone actually produce on it. In today's economy a patients most affordable option should be the one readily made available to them. Last time I checked it said 'do no harm' not 'get rich fast' or did I miss something there?"

We didn't have time before the close of business today to try and get a comment from Governor Brewer or anyone else named in the lawsuit but we will be following up daily with this case. the Trickle down effect could potentially change the face of Arizona's medical marijuana program. Patient and caregivers everywhere would be immune from prosecution for cultivating essentially anywhere in the state currently allowed by the law, the exception being Native Land, they have there own rules.

In theory this suit, while only addressing one portion of the Act would still allow for the implementation process by Will Humble and crew without any delays. Nothing currently in the rules and regulations regarding medical marijuana would change concerning the dispensary application and permit process. The only changes would be made on the DPS end of things when they are issuing cards in the future they would not be required to make some "as-the-crow-flies" determination of who was and was not legally using medical marijuana in Arizona.

This suit was coincidentally filed on the same day Will Humble made mention of moving ahead minus an injunction, well, here it is. Can't wait to see what happens next.


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