Az Medical marijuana program faces key test in court

By Yvonne Wingett Sanchez The Republic | Thu Oct 18, 2012 10:32 PM

The top lawyers for the state and county, strong opponents of Arizona’s medical-marijuana laws, will argue in court today that federal drug laws pre-empt the voter-approved law.

Attorneys arguing on behalf of White Mountain Health Center of Sun City, meanwhile, charge that state law does not require anyone to violate federal laws by issuing permits for medical-marijuana activities since the state has decriminalized those acts. In their lawsuit, they also allege that Maricopa County illegally rejected the center’s registration certificate, which is among the state requirements to become a medical-marijuana dispensary applicant.

At stake is the future of medical marijuana in Arizona, one of 17 states to approve the drug to treat certain medical conditions. If government lawyers prevail, they would shut down the legal growing of marijuana and ensure that dispensaries do not open — making it impossible for patients to legally obtain pot.

Maricopa County Superior Court Judge Michael Gordon will hear arguments at 3 p.m.

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White Mountain Health Center v Bill Montgomery, DHS, State of Arizona, et al.

The Medical Marijuana Industry is under attack again! Despite the fact that DHS is doing its job, Bill Montgomery, Maricopa County Attorney and the State of Arizona are doing everything they can to thwart the will of the Arizona electorate…using the electorate’s money. For details:

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Sad day: Director Will Humble says “NO” to adding any of the conditions requested

Arizona Department of Health Services director Will Humble has said “no” to allowing Post Traumatic Stress Disorder, Anxiety, Depression and, Migraines to the list of qualifying condition citing there isn’t enough science to indicate that Cannabis can help any of these conditions.

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Even though this seems like a big blow to the medical marijuana program, we must stay positive and continue to persevere in what we believe in.
in health & peace,

Dr. Burns

What do you think of this decision ?

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Celebrating One Year !

We have just completed one year of having the wonderful honor of working with medical marijuana patients in Az.

In honor of the State’s one year MMJ progam, we would like to hear from patients that have had access to this medicine;  What benefits have you experienced?  What medications , if any , have you been able to reduce / discontinue?  Any negative effects that you are concerned about ?

So please let us hear from you , on this blog, or, you may submit a 90 second video that we will post on our YOU TUBE CHANNEL (you can email the videos to   –  it is very important if we want to KEEP THE LAW ALIVE by demonstrating the great medical benefits of the cannabis plant.

We are looking forward to hearing the great stories…..

in health & peace,

Dr. Burns


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Dispensary Applications

Well It’s a wrap !  The Az Dept of Health Services received 484 applications for only 126 potential dispensary licenses.  At $5,000 / application the state just made $2.4 million !

The applications will be reviewed for content over the next few months and licenses will be awarded on August 7th.  Some areas received as many as 16 applications and 27 areas did not receive any.  A random drawing will be held on the 7th for those ares that received more than one.  This is very unfortunate as I believe the award of a license should be based on merit and not luck.

What do you think?

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Expansion of Arizona’s medical marijuana program will be debated / heard on May 25th, 2012

Four new medical conditions could eventually qualify under Arizona’s medical-marijuana program.

State health officials are considering whether to add depression, anxiety, post-traumatic stress disorder and migraines as “debilitating conditions,”

Arizona would become the only state in the nation to allow medical marijuana for anxiety and depression, said Will Humble, director of the state Department of Health Services, which oversees the medical-marijuana program.

He said New Mexico is the only state that actively allows medical pot for post-traumatic stress disorder.

The voter-approved Arizona Medical Marijuana Act requires the state health department to periodically accept and evaluate petitions to allow new medical conditions into the program.

“At this point, it’s just a hearing process — it doesn’t mean we’re approving these,” Humble said. “Our medical-review team thought they had at least provided enough evidence to warrant a hearing (on the four conditions), but that’s very different from an approval.”

Health officials received numerous petitions from people who suffer from the conditions proposed, as well as people who care for those who have the conditions, said Laura Oxley, a spokeswoman for the health department.

The health department is conducting an online survey to allow public comment. On May 25, the department will hold a public hearing on the proposal.

Ultimately, Humble will decide whether or not to add the conditions, he said.

His decision can be appealed through a judicial review.

To add a medical condition, Humble said, petitioners must prove that symptoms impair daily life, submit evidence that medical pot will provide relief, and provide recent articles published in peer-reviewed scientific journals that show marijuana helps treat the conditions, among other things.

Humble said that if PTSD is added to the medical-marijuana program, he predicts it alone could add 15,000 to 20,000 new patients.


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SWMMEC’S blog goes live – Welcome all

We just want to welcome you to our new blog.  The goal will be to keep patients/prospective patients up to date on what is happening in the various areas of the medical marijuana program such as ; 1. laws/rules  2. program implementation status  and, 3. science/research regarding cannabis

As we go along this journey together, we encourage your positive/constructive comments and look forward to some great discussion….

Here we go….

in health & peace,

Dr. Burns/ medical director SWMMEC

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