A huge I-told-you-so moment just happened in Phoenix with our new medical marijuana law. A Phoenix man, who just received his medical marijuana card, shot and killed a guy that tried to steal his homegrown pot.
From KPHO:
Phoenix police said Friday that the 30-year-old marijuana grower, whose name was not released, got his medical marijuana card from the Arizona Department of Health Services on May 25 and began advertising pot for sale to others who could show him their own marijuana ID cards.
On Thursday, two men contacted the grower, saying they had ID cards and wanted to buy marijuana.
But when the group met, police say one of the men, 38-year-old Larry Miller, pulled a gun and demanded the pot.
A struggle ensued, and the grower pulled his own gun and shot Miller as the other man fled with the marijuana.
Up until the robbery at gunpoint, nothing illegal had taken place. Arizona’s medical marijuana law allows qualified patients to grown their own marijuana if they live at least 25 miles from a dispensary. And since no dispensaries have opened in Phoenix yet, this guy can legally grow his own pot at home.
But here’s the kicker. Growers are also allowed to sell marijuana to other qualified patients.
This is from the FAQs on the AZDHS website:
QP30: Where can I legally buy marijuana if I am a qualifying patient?
Qualifying patients can obtain medical marijuana from a dispensary, the qualifying patient’s designated caregiver, another qualifying patient, or, if authorized to cultivate, from home cultivation.
It’s insanity that this new law essentially authorizes individuals to act as their own pharmacists. What other prescription drugs do we allow ordinary folks to concoct at home and dispense to other patients?
Also, will growers, such as this Phoenix resident, be on the hook for not sniffing out forged marijuana IDs?
This new law is seriously flawed and the fatality that occurred this past week is just a preview of what’s to come.
Neil Rosekrans is a founder and partner of StateBrief.com. He has been a guest political commentator for the Arizona Law Channel, NBC's Sunday Square Off and The Terry Gilberg Show on KFYI. Neil earned his undergraduate degree from Cornell University and earned his MBA and Masters in Public Policy, with an emphasis in International Relations, from Pepperdine University.
Neil and his wife, Beth, live in Scottsdale, Arizona. 
Maybe if medical pot shops were allowed to actually open in this state, people wouldn’t be placed in this position. The governor is placing people in harm’s way by her continued stubbornness. The poster of this article is ignorant.
Neil,
A couple things.
Please take the time to read the MMJ bill. This grower, who advertised and was trying to sell, is not the intention of the MMJ bill. Growers, if they are growing for others, are called “caregivers” and aren’t allowed to sell medical marijuana to anyone, even other patients. The bill does not defend people like this who advertise to sell. Further, this grower isn’t allowed to declare himself a grower under the MMJ bill. It’s actually not an advertising thing at all; in fact, a caregiver comes to be only by patients electing caregivers as opposed to caregivers soliciting patients. Lastly, caregivers can only exist if there are patients (for whom they grow) that live more than 25 miles outside of a dispensary. If Jan would allow dispensaries, instead of just allowing patients, the implementation of dispensaries means that the caregiver count diminishes. The remaining few caregivers (growing for patients who live outside of a 25 mile radius of a dispensary) would then only be growing for few patients. I would hope that a person who grows, advertises (soliciting patients? not allowed under MMJ bill), and then subsequently intends to sell (selling? not allowed under MMJ bill) to patients be arrested. That is not even the spirit of the new MMJ bill that voters enacted.
Jesus Neil, please read the FAQ at least. Shame on you for biased reporting.
It’s common sense that someone who advertises something that is still federally illegal with high street value will bring in some unsavory visitors. The only reason the street value continues to be high is because queen-of-the-castle Jan Brewer jumpstarts demand by still issuing MMJ ID cards but she delays with the supply (the dispensaries). This article should not be an “I told you so,” it should be a “are you seeing this Jan Brewer?”
It’s too bad people like you get to help influence people’s thinking by getting space on a web page.
Thank you for your comments, Jack. Under the medical marijuana law, qualifying patients can buy medical marijuana from other qualifying patients. I pointed this out in my post and also linked to the AZDHS website that explicitly explains this. Taken further, a qualifying patient can grow his/her own marijuana if he/she lives at least 25 miles from a dispensary. Under the new law, it is not illegal for a qualifying patient to grow and sell his/her excess marijuana to another qualifying patient. This is negligence, at best, because as you aptly pointed out it will attract ‘unsavory’ characters.
Neil,
No, I’m sorry, you are still mistaken. Patients cannot buy from other patients. Patients cannot buy from caregivers. Patients can only buy from dispensaries. I took the liberty of chatting with a rep. from the AZ DHS (they have 24/7 help Neil, take advantage of it), and I’m not sure if this will come through correct, but here is the transcript (I blocked out the operator number). I asked them if patients can buy from their designated caregivers:
Operator XX 19:32:48
Hello Jack, my name is Operator xx, Please wait…I’m reviewing your question and will respond shortly. You can also find answers to some of the most frequently asked questions by visiting our FAQs page.
No, the only purchasing a patient or anyone can do is from a dispensary. A patient or caregiver cannot make any profit whatsoever. The only reason for designating a caregiver is to have them cultivate(grow) the marijuana for the patient, the caregiver is attesting that this is something that they are willing to do with no expectations of making a profit from what is grown.
Jack 19:35:36
thank you for your response, so when you say profit; that is to say that any income/revenue from selling marijuana that caregivers grow themselves would be considered profit?
i understand that dispensaries can operate as non-profits, but money cannot change hands between a patient and a caregiver for medicinal marijuana correct?
Operator XX 19:37:19
Caregivers cannot sell marijuana to anyone. And yes you are correct money cannot change hands between a caregiver and a patient or anyone else for that matter.
Jack 19:38:16
Thank you operator XX, the reason I ask is that on the patients FAQ page, QP-30 states “where can patients buy medical marijuana…” and the answer lists where patients can OBTAIN medical marijuana, but doesn’t distinguish between where they can buy and where they can obtain it
just thought I’d make you aware of that, thats the reason for some confusion out there
thank you again
Operator XX 19:41:19
Correct I have read that faq and it is not as clear as it should be so I understand your question in regards to it, and you are very welcome sir!
Neil, there is NO WAY this bill would pass that allows patients/caregivers to turn potential profit from this. Caregivers do this out of the kindness of their heart, period. That’s why demand is outpacing supply. So, this guy was a patient, he isn’t allowed to grow for others unless someone designates him a caregiver, and he isn’t allowed to sell it or advertise that he is selling it. FURTHERMORE, if Jan Brewer would allow the 2nd part of this bill to pass, this gentlemen probably wouldn’t have been allowed to grow at all. Here’s the real problem; by allowing demand to continue to grow without giving supply (its all in the same bill Jan!!) its due, this bill isn’t going to go through like it should. AZ was supposed to provide other states (like CA and CO with more unruly MMJ laws) a shining standard with the CHAA’s and the state-sanctioning of dispensaries. Now, we have a motion that was passed into law through all the right channels and mediums and is being implemented in the worst possible way to almost guarantee failure. Jan Brewer, you hated this from the start, and you know that by only implementing parts of this bill you can show the law’s “failure” which is really your own personal failure to respect voters wants and needs. Why can’t she just enact what voters want? Why can’t she just follow the same path trailblazed by 15 other states? Why is she the only one bringing about a suit that she knows will be dismissed? Enough with the posturing already… Fight back AZ!!
Jack, you and I are still not connecting on this matter. I’m not even concerned about the status of caregivers. I’m strictly speaking to qualified patients that live 25 miles from a dispensary and choose to grow their own marijuana. These qualified patients can give (remove profit/money from the conversation for the moment) medical marijuana to other qualified patients. This is irresponsible.
Neil, go back and read your arguments. If you’re concerned about patients within 25 miles of a dispensary continuing to grow, then have no fear, this new MMJ law that you want to say “i told you so” about is in line with your views. This MMJ law doesnt allow for people to grow within 25 miles of a dispensary. What is your “i told you so” moment then? Why point the finger at the bill?
Yes, caregivers can give it to other patients, AFTER patients who designate their caregivers get caregivers to have an extra card for each one of the patients they grow for. Its not irresponsible, its all documented, and it has to be started by the demand side not the supply from caregivers.
Here:
http://www.azdhs.gov/medicalmarijuana/faqs/caregivers.htm#Q03
And since caregivers cannot sell under this law, there is no motivation to advertise (as there’s no potential profit). It is nothing but an added expense for caregivers to grow for others. PERIOD. This means that under this new MMJ bill, things like the above story, still are illegal. Where is this “aha” moment you’re having? Worried about this type of violence? SO IS THE NEW LAW, so it doesnt allow it. Worried about patients living within 25 miles of a dispensary growing? SO IS THE NEW LAW, so it doesnt allow it. Enforcement of even this new MMJ bill still means getting rid of people like the grower in this story.
As I said in my first post:
“Lastly, caregivers can only exist if there are patients (for whom they grow) that live more than 25 miles outside of a dispensary.”
You’re worried about caregivers (who live outside of 25 mile radius from dispensaries) growing for patients who live inside of the 25 mile radius? READ THE FAQ!!! Can’t happen.
By patients deferring to a caregiver, that caregiver has to get an extra ID card for each patient they’re growing for. And for this extra card, caregivers have to substantiate that the patient they’re growing for is more than 25 miles from a dispensary.
Jack, you are not getting the point. My argument has absolutely nothing at all to do with caregivers. Caregivers are optional. Please follow this closely:
1. Qualified patient “Bob” lives more than 25 miles from a dispensary.
2. “Bob” decides to grow his own marijuana.
3. Qualified patient “Steve” also lives more than 25 miles from a dispensary.
4. “Steve” finds out “Bob” is a grower.
5. “Steve” and “Bob” get in touch.
6. “Bob” provides marijuana to “Steve”.
My point: “Bob” is acting as a pharmacist for “Steve”. There are no other drugs that we allow individuals to transact in this manner. Other concerns, is “Bob” on the hook if “Steve” uses a fake marijuana ID card…
In your example; Bob has to do this out of the kindness of his heart. Bob also has to register with the AZ DHS for another ID card to grow for Steve. Bob also has to have his fingerprints taken, annually. Lastly, and most importantly, Steve has to choose Bob. If I have cancer, and I go seek a massage therapist to try and massage it out, thats my fault for not seeking better care. If Steve knows Bob laces his marijuana with ecstasy and cocaine, or maybe Steve doesn’t trust Bob flat out, then Steve can go to another more trustworthy friend or he can go load up at a dispensary every two weeks (if Jan Brewer allows it). Either way, its Steve’s choice, Bob is not forced on Steve. You’re right though, if Steve chooses Bob as his pharmacist (at least his MMJ pharmacist), then Bob becomes Steve’s pharmacist. Presumably, Steve would only pick Bob to do it because Steve can’t do it himself or he doesn’t want to. And there is no other drug where we allow this to happen, but what other medicine can you grow at home? What other medicine is as unaddictive (yet potent) as MMJ? If ritalin or vicodin grew on plants you could grow inside your home, you’d have more of a point.
Wouldn’t you agree that your example would be in the minority if all 126 dispensaries were allowed to open? Who’s to say that these people, who may live out a ways, aren’t already doing this and even more illegal things? Now, under this bill, at least they have to get fingerprinted to provide marijuana to friends.
I can’t imagine bob getting in trouble for Steve’s fake any more than a liquor store selling accidentally to a minor with a good fake ID. If its plausible ID, it probably doesnt rest with bob/the liquor store who acted reasonably.
Lastly, your whole argument against this bill is the very thing that Jan Brewer is forcing more of. By not allowing any dispensaries, you are going to have every single MMJ patient be a Bob or Steve. Wouldn’t you want dispensaries to enter into this mix and minimize this sort of “pseudo-pharmacist” activity? You’re focusing on one part of the bill as the problem, Jan says that this half of the bill is the only allowable part, funny isn’t it? Take it up with Jan, tell her to stop allowing AZ to be the wild west while she goes off on her little fruitless lawsuit
“What other prescription drugs do we allow ordinary folks to concoct at home and dispense to other patients?”
Cannabis has extremely low toxicity and to date, nobody has ever over-dosed on cannabis. Pharmaceutical based approaches contain many RISKS including toxicity. For example, tylenol, when PROPERLY used sends 50,000 patients a year to the emergency department, in most cases with liver and kidney damage.
Plant based medicines such as cannabis offer an extremely low-toxic alternative to pharmaceuticals such as opiates that is science based. In the peer reviewed literature, there is a continuous recurrence of analgesic action since the very inception of the studies on cannabis. Additionally, nobody has to date died from overdose of cannabis. The same cannot be said of tylenol, oxycodone, and whole host of other pharmaceutical agents.
Caregiver status or not. Why would Bob give his “extra” marijuana to Steve? Why would Steve take it if Bob was a complete stranger? How would these two meet? Would Bob advertise “free marijuana” in the paper? (Really?) Bob would grow marijuana with extra “additives” despite being a part of the minority in AZ who are even allowed to grow (if disp. were there) and then instead of selling this illegal substance he has produced (MMJ mixed with whatever), he would simply give it to someone and not expect repercussions from Steve? There seems to be an element of trust that I’m implying and that you’re skating over
Just to be clear in the point made above, cannabis is unlike almost all other chemical based pharmaceutical drugs due to its extreme low toxicity. One of the main jobs of pharmacy professionals is to protect against the very common and dangerous toxicities of chemical based drugs. Medical marijuana patients who grow their own medicine do not need to be pharmacists in order to be safe from the toxicities of cannabis since there is such low risk of toxicity, far lower than that of Tylenol for example.
Patients who grow cannabis for medicine have the unique opportunity to have truly effective medicine without seriously dangerous and even deadly side-effects, all for a truly affordable price since growing cannabis costs essentially about the same as growing your own tomatoes. Cannabis poses a risk therefore to the profits of drug companies, not the patients. With legal low-toxic medical marijuana, fewer people will need expensive drugs with high risk for toxic effects.
The real problem is that this is a bad law, as are most cannabis laws on the books now. This isn’t about Bob or Steve, it’s about our right as human beings to be free to make decisions about our own health and have access to scientifically validated, affordable, non-toxic, and effective medicine. Access to medical cannabis gives us this freedom. The main reason additives are added to cannabis to increase profit. When Cannabis is grown by patients, for patients, Bob and Steve don’t need to be involved.