The AMMA (Arizona Medical Marijuana Act) was passed by Arizona voters in November 2010, and became law on December 14, 2010. Statue 36-2804.02(A)(3)(f) clearly states that qualifying caregivers and patients are allowed to legally cultivate cannabis if a dispensary is not operational within 25 miles of their growing location/residence. In a recent press release, Governor Brewer's office has stated they will no longer challenge the voter approved Medical Marijuana law in court. Instead, they will cooperate to see that the citizen’s demands are fully enacted by directing the Arizona Department of Health Services (ADHS) to begin accepting/processing dispensary applications. This procedure will undoubtedly lead to the licensing of approximately 124+ strategically located medical marijuana related facilities throughout Arizona.

 As of January 7, 2012, The ADHS has issued in excess of 18,000 medical marijuana cards and their office is processing more applications daily. The renewal period for many individuals is steadily approaching and the uncertain outcome of the dispensary application process is placing patient's/caregiver's rights in jeopardy. Due to the dispensary delay, many certified individuals saw only one legal method of obtaining their medicine clearly outlined in the AMMA, to grow it themselves. Now, with the implementation of dispensaries, these patients/caregivers who chose to abide by the laws face imminent prosecution under existing state laws. This issue contradicts what the AMMA was designed to achieve in its capacity, to protect ALL qualified patients and caregivers. The “25-Mile Rule,” set forth in the AMMA only benefits certain people by pure incident of location and this sanction does not provide equal protection under the newly formulated laws as required under the 14th (XIV) Amendment of the United States Constitution.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Qualified patients and caregivers will not be the only ones who suffer from the 25-Mile Rule; local businesses related to cultivation will see a steep decline in sales, thus presenting legitimate tax paying venues with an uncertain future in an already struggling Arizona economy. Repealing Statue 36-2804.02(A)(3)(f) will inevitably provide continuing commerce to horticultural inspired companies that are currently operating statewide. It is unimaginable to assume that the allotted 124+ dispensaries will be nearly as beneficial to these stores when compared to the growing population of 18,000+ qualified patients and caregivers.

 If permitted, medical marijuana dispensaries will also have to endure the consequences of the 25-Mile Rule. As the patient populace increases everyday, the sheer volume of cannabis plants needed to be cultivated in order to keep up with the demand will be absolutely immense. Federal law states that there is a mandatory sentencing for growing over ninety-nine (99) marijuana plants; Statue 36-2804.02(A)(3)(f) will force every cultivation site throughout Arizona to surpass the previously affirmed figure. State licensed dispensaries already have zero immunity from federal laws and now the rules of the AMMA are providing easy targets for prosecution. Qualified patients and caregivers growing small amounts of cannabis for medical purposes will ultimately decrease the overall plant counts associated with a cultivation site. The AMMA declares that a licensed dispensary is the only entity permitted to sell medical marijuana; therefore the state will not suffer any interruption in tax revenue from the repeal of the 25-Mile rule.

 Statue 36-2804.02(A)(3)(f) is accompanied by the negative idea that without this rule, there will be a chaotic and unenforceable medical marijuana program. This is simply not the case, currently there are no dispensaries anywhere in the state and qualified patients/caregivers have legally been able to cultivate cannabis for over a year without causing Arizona to suffer any damages.

 Repeal the 25-Mile Rule to ensure a just Arizona Medical Marijuana Act for all qualified individuals.