Friday, April 15, 2011

Arizona Department of Health Policy -VS- Arizona Medical Marijuana Laws

This is what the new Arizona Revised Statute defines as being a valid candidate, for someone, who wants to register to become a Medical Marijuana Caregiver in Arizona.

"Designated caregiver" means a person who:

(a) Is at least twenty-one years of age.

(b) Has agreed to assist with a patient's medical use of Marijuana.

(c) Has not been convicted of an excluded felony offense.

(d) Assists no more than five qualifying patients with the medical use of marijuana.

(e) May receive reimbursement for actual costs incurred in assisting a registered qualifying patient's medical use of marijuana if the registered designated caregiver is connected to the registered qualifying patient through the department's registration process. The designated caregiver may not be paid any fee or compensation for his service as a caregiver. Payment for costs under this subdivision shall not constitute an offense under title 13, chapter 34 or under title 36, chapter 27, article 4.

Read the whole law here:
http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/36/02801.htm&Title=36&DocType=ARS

Now here's what the Arizona Department of Health released as there official rules for people to comply with in order to obtain a Qualified Caregivers license:

DC01: Can I apply to be a designated caregiver?
No, state law specifies that only a qualifying patient can submit an application designating an individual as the qualifying patient's designated caregiver.


DC02: How can I become a designated caregiver?
A qualifying patient must apply for a designated caregiver, and only if the designated caregiver meets specific requirements. The requirements for a designated caregiver are specified in state law and include that the individual must be at least 21 years of age, agree to assist the qualifying patient in the medical use of marijuana, and have not been convicted of an excluded felony offense. An individual may be a designated caregiver for no more than five qualifying patients. A designated caregiver does not have to be a home health aide or other professional caregiver.

You can read it here:
http://www.azdhs.gov/medicalmarijuana/faqs/caregivers.htm#Q02


So, Arizona Department of Health is requiring all caregiver applications to be submitted by Qualified Patients who have already received their license to smoke marijuana, to help alleviate their pain. Which is like telling Doctors they need to already have patients and in order for them to receive their medical license, their patients need to apply for the Doctors to receive their medical license.

Normal people are not being allowed to become caregivers unless they know a Qualified Patient who needs someone to grow for them, because they live over (25) miles away from a dispensary.

Can someone please point out to me where it says that caregivers need to have a qualified patient designate them in order to become a caregiver in the Arizona Revised Statute (ARS)? The only place that talks about it is the Rules released by the Arizona Department of Health, and they claim it's in the law, but I can't find that part in the ARS that their referring to existing, shouldn't it say that exactly and clear as day? The only thing that looks like it exists is a lie to keep people like me from becoming a caregiver and making tons of money. And I know alot of people are gonna say this line, "(b) Has agreed to assist with a patient's medical use of Marijuana," infers what they are saying is law, but no, it is referring to the signed attestation that the caregiver needs to submit with their applications.

2 comments:

Jay Fleming said...

The law gives AZDHS the authority to make rules governing medical marijuana. This may be your confused, much of this will need to be worked out by court challenges.

Anonymous said...

Currently seeking experieced Medical Marijuana Attorney for our 750+ Network of Arizona Caregivers and patients, please email WJ@420patients.com - Thanks