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12/12/2012 6:01:00 AM
Kink in marijuana law may delay opening of Kingman dispensary
Marijuana dispensaries similar to the one pictured here will be opening across Arizona if the requirements of state law can be satisfied.
Marijuana dispensaries similar to the one pictured here will be opening across Arizona if the requirements of state law can be satisfied.

Suzanne Adams-Ockrassa
Miner Staff Reporter


Renovations on Kingman's first marijuana dispensary may be finished by January, but a state requirement could prevent the store from opening its doors for another two or three months.

Lake Havasu City attorney Harvey Jackson confirmed that preparations to open a dispensary in Kingman on Northern Avenue are nearly finished. The organization that owns the dispensary, however, is stuck in a Catch-22: The law requires the store to have enough stock to serve customers the same day it is inspected, but it also prohibits a dispensary from growing, stockpiling or buying marijuana before the store is inspected.

"The law states that dispensaries must be open a certain number of hours each week (30 hours) and have enough supply on hand to serve anyone who walks in the door with a valid card," Jackson said. "The problem is you can't grow, import or stockpile any marijuana legally as a dispensary until you're inspected. I've been told that it can take two to four months for a plant to become truly productive.

"I represent 20 different dispensary owner groups and everyone has the same problem. They're not very happy about it."

Jackson declined to name his clients or give the specific location of the dispensary. The Arizona Department of Health Services has stated that state law prohibits it from releasing any information about the owners or locations of dispensaries to anyone other than approved patients and caregivers.

The law allows dispensaries to get stock from other Arizona dispensaries or accept donations from patients and caregivers who are approved to grow the plant, he said. The problem is that there's only one dispensary open in the state and only about one-third of the dispensary owners that Jackson has spoken to plan to grow their own.

The Arizona Department of Health Services is allowing some dispensaries to apply for an exception that would allow them to be inspected first and then wait until they had enough product to open their doors.

According to the Arizona Republic, ADHS approved an exception for Arizona Organix, a dispensary in the Glendale area, which was inspected in November but opened last week.

The owners told the newspaper they delayed the inspection and opening of their dispensary because they were waiting to see if the Maricopa County Superior Court would rule that the state law does not interfere with federal drug laws and because they were still looking for a place to grow their marijuana stock.

According to the Republic, Organix ended up depending on a number of patients and caregivers who donated enough marijuana for the dispensary to open and keep enough stock to stay open.

Jackson suspects that a lot of Arizona dispensaries will do the same thing.

The Kingman dispensary does not plan to grow its own marijuana, he said. It'll get it from other sources.

The dispensary's location on Northern Avenue doesn't prevent it from growing at the dispensary or make it harder to grow, Jackson said.

The owners just decided they didn't want the hassle of growing their own stock.

Putting the dispensary inside the Kingman city limits would not have made a difference, he said. The deciding factor in putting the dispensary on Northern Avenue was that the building required very little remodeling.

His clients aren't worried about running out of marijuana, he said. There may be a long line the day they open, but they don't expect a lot of daily traffic.

"It'll be like any other store. Although dispensaries are allowed to sell as much marijuana as they like, the law only allows someone to purchase up to 2.5 ounces of marijuana every two weeks," Jackson said.

His clients aren't worried about the federal government interfering with their business.

"That was a red herring put out by the state," he said. Arizona officials had voiced concerns that state employees might be prosecuted by the federal government for running the state's medical marijuana program.

If the federal government did decide to seize his clients' business, they would have to be prosecuted under state law, Jackson said, unless they were transporting the drug across state lines. His clients don't plan to export marijuana to another state and state law prohibits importing or exporting the drug to or from another state.

They also didn't expect any trouble with state laws, despite the law being so complex, he said, noting that these are business people who are used to working with regulations and many dispensary owners have hired attorneys to make sure they stay within the state regulations.

ICT - Dr. Mohtaseb
Related Stories:
• Dolan Springs residents fret over price of dispensary pot
• Act allows medical marijuana use, but it's easy to run afoul of the rules
• Open Forum on Medical Marijuana in Dolan Springs


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Reader Comments

Posted: Tuesday, January 8, 2013
Article comment by: Anthony Snow

sounds to me like some of you all like to kick the gift horse in the mouth. ganja is a gift and should be treated so. Ignorance is epidemic. look up for answers ,

Posted: Monday, December 17, 2012
Article comment by: No different than any other drug

I like the way folks view marijuana likes it's some evil thing. It's no different than any other medication it has it's uses and it has it's negatives. Where do all think medications come from anyway? They are most often provided by nature.

Let's take a look at the country we have alcohol killing thousands of drivers and livers a year, we have an obesity rate due to laziness and junk processed food that is literally causing us to EAT OURSELVES TO DEATH, yet we are all worked up about a pot shop in town that sells medical marijuana!!?? Awesome. I love this country.


Posted: Monday, December 17, 2012
Article comment by: Mike Harris

Really , out of all the new places to open in this small town, and it's one of these shops, wow , it's perfect goes with all the fast food dives. People can do their thing, go to the fat food places. What about something healthy or entertaining, what has this town become...

Posted: Sunday, December 16, 2012
Article comment by: Jay Fleming

Don' Smoke But

Truth is kids can get marijuana easier than alcohol. Ask any high school kid if they can get marijuana, now ask if they can get alcohol.

Usually they will tell you they need to find someone 21 to get alcohol, thats because its regulated.

Remember, because of the black market, today the only one deciding where drugs are slod, to who, and at what age, are drug dealers.....


Posted: Saturday, December 15, 2012
Article comment by: Heres a tip

@ lic pharmacist

It's obvious you havent taken the time to read the law. Pharmacies live by federal rules and regs.

A long as feds say its illegal. There will never be pot at walgreens.

For all other posters. Please at least take the time to read the law before you comment and spread inaccuate information. From the comments it would seem many dont have the first clue about marijuana or the states medical marijuana law .


Posted: Saturday, December 15, 2012
Article comment by: Just like you Just like you

Come on people what is this really about? How come in the 60's & 70's people were smoing pot daily & we didn't have crime like we do know a days?People used to go to concets smoke some pot there was never really any problem? Now THE WAR ON DRUGS doesent work you pay law inforcement 4-8 officers to bust 1 guy with less than a once of pot the officers are making 30-40 dollars a hour to bust 1 guy does that make any since?Waste of tax payers money. Who cares if you smoke pot,drink beer,eat to much food, sleep more than 8 hours a day,drink to much pop,eat to much candy.Its really nobodys buisness is it? If people want POT weather they open this place or not they will get it. Besides the land of the free exactly that people & GOV. need to mind there own buisness.Because people are going to what ever they want regaurdless CORRECT?
PEACE


Posted: Friday, December 14, 2012
Article comment by: New Product

@ Licensed Pharmacist

Maybe the head office for whatever Pharmacy you work for can apply for a license to grow and sell pot.


Posted: Friday, December 14, 2012
Article comment by: Don't smoke But...

@ eyes
Well. If you have first hand knowledge that the high school has enough pot floating around to fill a dispensary then I think hell just froze over. Do I deny there is pot at the high school? No, of coarse there is... It's a high school


Posted: Thursday, December 13, 2012
Article comment by: Same Old Thing

"Whatever did our ancestors do about pain without medical marijuana?"

They went out, picked a few buds and lit up.


Posted: Thursday, December 13, 2012
Article comment by: Testing for Safety and Quality

Lots of good posts on both sides here, many of the issues are due to wording of the legislation. Remember Medical Pot was legalized before in Arizona by vote and then legislature went against the vote. I agree that Pharmacies should be the ones to sell any controlled medication, and quality control is essential. Painful note in passing, Don, Pharmacist at Kmart will be missed, always a smile and a word from God.
If a patient wants to grow their own, fine, certainly safer than alcohol to produce. The big picture is smuggling, and that must end as much as possible, any form of chemical or biological warfare could be introduced into the US via untested drugs.


Posted: Thursday, December 13, 2012
Article comment by: Me Neither

Thank you jay! And pharmasist, the only reason you oppose this drug is because it will crush your business. I can procure a 100% natural, more effective medecine, with no negative side affect in the spare bedroom of my house.

Someone PLEASE inform me of a painkiller or nsaid pain reliever that is less harmful than marijuana, PLEASE! Ill give you the keys to my house!!


Posted: Thursday, December 13, 2012
Article comment by: Of course no research

Linda,

Medical Marijuana use all the way back to the roman empire has been documented. In those days it was use for everything from upset stomach, menstral cramps, headaches, and many other common aliments.

Here's the truth about Marijuana in America today. The Governmental lies are over. Lawmakers are of the generations that truly know Marijuana is toothless as a harm to man. The cats out of the bag and will never go back.

For the guy predicting Federal agencies closing down dispensaries as soon as the GOP is in power again. HAHAHA....thats just hilarious. Where is the money to fight states laws going to come form? After the Politicians see the tax revenues from Med pot states. All politicians are going to want their piece of the pie. All the way to the federal level. Money Runs Politics. Marijunan is the largest "cash cow" to come down the pike this century. You really think the crooks that run the country will look away from that? Think again...Its already to late to stop the snowball.


Posted: Thursday, December 13, 2012
Article comment by: Agree With

I am also not a smoker but do take pills, and I agree with "Don't Smoke but". You do not know what the people need!.... JIN

Posted: Thursday, December 13, 2012
Article comment by: The Fox Hound

Brewer and her crowd of so called conservatives have done everything in their power to obstruct the will of the people and prop 203 from the beginning. They didn't think the law would pass but they also didn't think President Obama would win the election. Real conservatives like William F Buckley and Gary Johnson retired governor of New Mexico don't think it is anybodys business what herbs or spices you choose to use. If the taking of any drug causes problems then those problems should be addressed. If you simply take the statistics for driving while talking or texting on your cell phone and the statistics for accidents while driving on Marijuana you will find that they are non exisitent for the evil weed but driving while texting equals drunk driving. So conservative which should be legal and which should not? I'm so tired of people calling themselves conservative but then trying to tell everyone else how to live their lives. This drug is illegal because of poor political decisions in the past not because it is dangerous. No one has ever died from Hemp and just for Linda it was legal here until 1933 and America did just fine. Jefferson grew and smoked it so get over it Kingman its not going away. The real question is do you want it distributed by the mexican drug cartels or should you be able to grow your own?

Posted: Thursday, December 13, 2012
Article comment by: Jay Fleming

Linda Athens

Actually our ancestors used marijuana for pain for 5000 years, and NSAIDS like your Ibuprofin kill 100,000 Americans each year, Marijuana has never caused a death.


Posted: Thursday, December 13, 2012
Article comment by: Licensed Pharmacist

Why is it that is ok to sell this drug as long as one has the proper permits but any other drug can only be dispensed by a Licensed Pharmacist who has spent years in medical school? Are these dispensaries staffed by anyone trained in drug interactions, side effects, etc.? The staff in these places will have less training than a bar tender.

Posted: Wednesday, December 12, 2012
Article comment by: tony wise

just what the goverment wants everyone on drugs so they are easier to round up once their druged in the head. does anyone other than me get the full picture. Let me say this i had 17 surgies and am in pain all the time. the last one was 5 bypasses. i take pain ibprofin and they help a little. however i'm not going to join all the other sheep and do pot . we have enough dope heads in kingman. go over to the firefighters park at night try to smell the air without getting high. Before it's open lets kick it out. remember the goverment wants you to get high your easier to handle that way. maybe obama will stop by to get his pot.

Posted: Wednesday, December 12, 2012
Article comment by: Eyes wiide OPEN

@ Don't smoke but....and Just Sayin....

I am not joking and NO I am not stereotyping anyone.

My statement is based on 100% true and accurate facts and 1st hand knowlege.

I am not now or ever have denied anyone medical relief from anything and if you can't deal with the truth then maybe it is time the 2 of you Open your Eyes.


Posted: Wednesday, December 12, 2012
Article comment by: 5446 thats my number

I agree that having to submit to dispensary prices is truly a farce! Patients should know exactly where their medicine comes from. What better (and low key) way than to make it theirselves. It is truly a miraculous plant with so many redeeming qualities. It was made a schedule 1 drug by the federal government back in the day due to racist notions about blacks and hispanics and their "prolific use" of the herb.

Those who support it, please rise above the hate that is spewed by our extreme right wing neighbors, family and friends. Lack of understanding always leads to hate. Life is far too short for that. If you are a patient, embrace the ones you love and rest assured that one way or another you have access to something that helps you through pain and suffering every day. None of these haters have walked a mile in anyone else's shoes and they should be mindful of that as they sit at home on their computers.

I believe George Bernard Shaw said that when fascism crosses the border, it will be wrapped in a shroud of red, white and blue. Read up people, all our forefathers grew and used this truly incredible plant.

I think we have all seen too many examples of alcohol, tobacco and RX meds, ruining lives.

I guess the bible is incorrect in saying that we have been given ALL seed bearing plants to use.

"God is perfect, man is not...Man made alcohol and God made pot!"

Jah Bless


Posted: Wednesday, December 12, 2012
Article comment by: Leave Arizona

Medical pot is the law, the road goes both ways, if you don't want to be where there is Medical Pot, you can leave Kingman, PLEASE.

Doctors that say they are afraid of feds are lying. The state of Arizona is not allowed to give the name of the doctor to anyone, not even the police or feds.


Posted: Wednesday, December 12, 2012
Article comment by: Fed Up

I am totally against recreational drugs. Distribution of methamphetamines should be an automatic death penalty, as this is the one drug that turns some users into monsters. However, as a patient with unending chronic pain due to a disease, I see no harm in using marijuana. I have researched it, and for non-smokers, such as myself, there are many alternatives. My doctor won't prescribe it out of fear of the federal government, but agrees that it is a healthier way to fight chronic pain than opiates.

Posted: Wednesday, December 12, 2012
Article comment by: me neither

@@do not want it. i dont think any growers or patients, myself included would like to see a store in the kingman area, resulting in huge price increases and the illegalization of growers. we should get together and organise a demonstration to any dispensary opening in kingman.

Posted: Wednesday, December 12, 2012
Article comment by: Linda Athens

Whatever did our ancestors do about pain without medical marijuana?

This is beyond ridiculous of course. I have a dozen herniated discs and two frozen shoulders with spurs on both and on knee joints and guess what - I take Ibuprofin - over the counter, 100 pills for less than $2.00. I doubt there are many people in more pain than I am constantly in. Lupus, two kinds of arthritis and more.

It's a proven fact now, the more pain killers you take, the more the pain bothers you. I am living proof of that. I take two pills, two more four hours later and the pain lets up.

You can also try therapy which sometimes is a lifesaver when it comes to pain. If you keep up the exercises, they help immensely. Of course, you don't get high and it requires you doing something more than driving to the marijuana joint for your fix.

This is just another of the insanities normal Americans are being subjected to. Do you really want to be driving along with other people on the road, loaded with marijuana, driving too? I think not.

We can only guess what is coming up next.


Posted: Wednesday, December 12, 2012
Article comment by: Jay Fleming

The rules have been written to go hand in hand with federal law, to prevent dispensaries from opening.

With medical marijuana selling for $300-$400 an ounce, I dont know how many people will donate marijuana.

This has the potential to stop Arizona dispensaries. I'll be talking on this and the medical marijuana program at the Castle Rock Ranch and Arena, in Dolan Springs tommrow night at 5:30PM


Posted: Wednesday, December 12, 2012
Article comment by: No name provided

Hope the damn thing NEVER opens.


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