From the following blurb written by Arizona Department of Health Services
Director Will Humble it sounds like he is from a different universe when it
comes to the definition of medical marijuana.
I would love to say that Arizona State Department of Health Services Director Will Humble is an idiot that can't read English, but that certainly isn't true.
I suspect that Will Humble is doing everything he can to please his boss, Arizona Governor Jan Brewer who hates marijuana.
And of course the only way Will Humble can please his boss Jan Brewer is to make marijuana illegal again.
And with these silly convoluted definitions of what the meaning of medical marijuana is Will Humble is doing the best he can to please Jan Brewer.
My view is that Prop 203 allows Arizona medical marijuana users to use any form of marijuana they want to. That would include hashish, hash oil and other concentrated forms of marijuana.
Will Humble says that view, which is clearly supported by the text of Prop 203 is wrong. Will Humble says that medical marijuana users who possess hashish, hash oil and any other form of concentrated marijuana can be thrown in prison.
Even with Prop 203 it still is a crime to drive when you are intoxicated on marijuana.
But Prop 203 says that medical marijuana users can't be arrested for DUI or DWI solely because the have marijuana metabolites in their body.
For a medical marijuana user to be arrested for DUI the police must use other traditional methods for proving the medical marijuana user is driving while intoxicated or impaired.
Sadly the police are also arresting medical marijuana users solely because they have marijuana metabolites in their body, when they are stone cold sober.
Will Humble's definition of medical marijuanaSource
Marijuana v. Cannabis
Are Marijuana and Cannabis the same thing when it comes to Arizona Law? The short answer is no- and the distinction may be an important one for Qualified Patients.
The Arizona Medical Marijuana Act provides registry identification card holders and dispensaries a number of legal protections for their medical use of Marijuana pursuant to the Act. Interestingly, the Arizona Medical Marijuana Act definition of “Marijuana” in A.R.S. § 36-2801(8) differs from the Arizona Criminal Code’s (“Criminal Code”) definition of “Marijuana” in A.R.S. § 13-3401(19). In addition, the Arizona Medical Marijuana Act makes a distinction between “Marijuana” and “Usable Marijuana.” A.R.S. § 36-2801(8) and (15).
The definition of “Marijuana” in the Arizona Medical Marijuana Act is “… all parts of any plant of the genus cannabis whether growing or not, and the seeds of such plant.” The definition of “Usable Marijuana” is “… the dried flowers of the marijuana plant, and any mixture or preparation thereof, but does not include the seeds, stalks and roots of the plant and does not include the weight of any non-marijuana ingredients combined with marijuana and prepared for consumption as food or drink.” The “allowable amount of marijuana” for a qualifying patient and a designated caregiver includes “two-and-one half ounces of usable marijuana.” A.R.S. § 36-2801(1).
The definition of “Marijuana” in the Criminal Code is “… all parts of any plant of the genus cannabis, from which the resin has not been extracted, whether growing or not, and the seeds of such plant.” “Cannabis” (a narcotic drug under the Criminal Code) is defined as: “… the following substances under whatever names they may be designated: (a) The resin extracted from any part of a plant of the genus cannabis, and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or its resin. Cannabis does not include oil or cake made from the seeds of such plant, any fiber, compound, manufacture, salt, derivative, mixture or preparation of the mature stalks of such plant except the resin extracted from the stalks or any fiber, oil or cake or the sterilized seed of such plant which is incapable of germination; and (b) Every compound, manufacture, salt, derivative, mixture or preparation of such resin or tetrahydrocannabinol.” A.R.S. § 13-3401(4) and (20)(w).
An issue the Department has been wrestling with for some time is how the definition of “Marijuana” and “Usable Marijuana” in the Arizona Medical Marijuana Act and the definition of “Cannabis” and “Marijuana” in the Criminal Code fit together. This confusion, which appears to be shared by dispensaries and registered identification card holders alike, is not easy to clear up and has resulted in the Department receiving numerous questions regarding the interplay between the protections in A.R.S. § 36-2811 and the Criminal Code. While we can’t provide legal advice as to whether a certain conduct is punishable under the Criminal Code (only an individual’s or entity’s legal counsel can do this), “Cannabis” is defined as the “resin extracted from any part of a plant of the genus cannabis” and “Cannabis” is listed as a narcotic drug according to the Criminal Code in A.R.S. § 13-3401(4) and (20)(w).
In other words, registered identification card holders and dispensaries may be exposed to criminal prosecution under the Criminal Code for possessing a narcotic drug if the card holder or dispensary possesses resin extracted from any part of a plant of the genus Cannabis or an edible containing resin extracted from any part of a plant of the genus Cannabis. [So I think that Will Humble is saying that the he, and his police friends are not going to use the definition of marijuana in the Arizona Medical Marijuana Act which includes hashish, but instead use the definition of cannabis from the criminals code as a lame excuse to justify arresting medical marijuana patients that use concentrated forms of marijuana such as hash oil and hashish. ] If you’re concerned that your conduct may expose you to criminal prosecution, you may wish to consult an attorney. We’ll be providing some specific guidance for dispensaries licensed by the ADHS next week.