Arizona Criminal Defense Attorney Blog

News & Law Review By: Law Office of James Novak, PLLC, Phoenix DUI & Criminal Defense Firm

On March 21, 2012, Arizona Governor Jan Brewer signed into law "HB 2374 - Deferred Prosecution" Attached is a copy of the House Bill. In absence of legal challenge it is expected to go into effect July 2012. HB 2374 amends the current law A.R.S. § 11-361. In effect it liberalizes the law in favor of the defendant. It allows more opportunities to those charged with non-dangerous offenses, non-serious offenses, to participate in deferred sentencing and diversion programs, previously prohibited. It also allows those who have previously completed such a program to participate again for new criminal charges.

Deferred Sentencing or Diversion Program - Purpose of the Programs

The intended purpose and effects of the programs are bilateral for both the State and the Defendant:

• If a defendant agrees to participation in the program, and completes it successfully, the charges are permanently dismissed. The defendant receives confirmation of the dismissal by the Superior Court. If the defendant fails to complete the program, the charges will be reinstated; trial, conviction or sentencing will retroactively be continued where it left off.
• In theory, by participating in an appropriate program of professional counseling or treatment the person gets help they need to avoid the chance of repeating a criminal offense or recidivism in the future.
• Successful Diversion Programs help ease the strain on the overpopulated prisons
• The expenses of assessments and participation in the programs are the responsibility of the defendant. This saves the state the costs resulting from imprisonment as well as the diversion program.

Existing Criminal Law in effect until July 2012 - A.R.S. § 11-361

The current laws A.R.S. § 11-361 allows a defendant to participate in an approved program under supervision before entering a guilty plea or trial. The County Attorney of a participating county may not approve a diversion or deferment program for a defendant if they have:

1. Prior Felony Record;
2. Been accused of committing a "Dangerous Offense" Felony;
3. Previously completed a program established under this law

New Criminal Law Effects on A.R.S. § 11-361 due to HB 2374

The new law to become effective in July 2012, liberalizes A.R.S. § 11-361 by allowing the following defendants previously prohibited from being considered as candidates for the diversion programs and deferred sentencing:

• Persons previous convicted of a felony charge may now be considered for candidacy in the programs as long as the conviction is not for a Serious offense; Dangerous Offense; Sexual offense; or Dangerous crime against children.
• A person may now be considered for candidacy in the diversion program or deferred sentencing for persons who has previously completed a special supervision program.
• A person is prohibited from being considered for candidacy in the diversion or deferring prosecution of they have had three or more convictions for:

1) Personal possession of a controlled substance;
2) Personal possession of drug paraphernalia

Criminal Defense Attorneys for Deferred Prosecution, and Diversion Program

Participation in Deferred Sentencing, Deferred Prosecution, and Diversion Programs are not automatic and not an entitlement programs. A Defendant must be eligible for such programs, as agreed upon by the Prosecution, and Court based on factors such as nature of the crime, prior criminal record, attitude of the defendant towards reform, safety of community if the defendant is released after successful completion of the program. If retained, an experienced criminal defense attorney will be actively involved to help eligible defendants qualify for the program.

For more information regarding this new Arizona legislation visit:

http://www.azleg.gov/DocumentsForBill.asp?Session_ID=107&Bill_Number=HB2374

Continue reading "Arizona HB 2374 - Deferred Prosecution Law to take effect July 2012" »

The new AZ DUI law withdraws the right of a jury trial for some DUI defendants. But Arizonans say "not so fast"...

June 4, 2011
Arizona News & Editorial Commentary
Article By: James Novak, Arizona DUI and Criminal Defense Lawyer

AZ SB 1200 was signed into law by the Governor Jan Brewer on April 29th, 2011, to take effect December 31, 2011. A controversial provision discretely found its way into the bill at the last minute. It contained restrictive language that was not included in the earlier versions of the bill. Thus, it deprived the public of input or debate on the issue. The provision causing upset involves the revocation of some AZ DUI defendant's statutory right to a jury trial. It applies to DUI defendants who have been charged with a first time, non-extreme Arizona DUI charges, eliminates their statutory right to a trial by jury for their AZ DUI. It does include a consolation or alternative for the judge to hear the case and decide if the AZ DUI defendant is guilty or not guilty.

It didn't take long before the restrictive amendment sparked opposition by many Arizona citizens, AZ DUI defense attorneys, and organizations such as The Committee for the Right to Jury Trial.

Among numerous provisions, the new AZ DUI law includes the following:
1. Gives municipalities, counties and certain local AZ jurisdictions judges the authority and discretion to offer such alternative penalties to eligible defendants, home-detention programs instead of incarceration in jail.
2. Reduces the length of time from one year to 6 months for a first time, non extreme DUI offenders to use the DUI interlock device on their vehicles.
3. Eliminates the right for non-extreme, first time AZ DUI offenders the previous right to a jury trial. Instead only DUI defendants that have prior convictions, extreme DUI or less serious DUI charges to keep their previous statutory and inherent right to request a trial by jury.

The first provision makes good sense. It allows for some cost relief to help reduce the over crowded Arizona's Jails. The second provision gives some relief to first time non-extreme misdemeanor DUI defendants. So far, so good right?

But then there is the third provision that's facing fire. Arizona Law makers and proponents of the amendment claim that it was a move to reduce the State's cost for expensive jury trials for those less serious DUI charges, where the blood test or breathalyzer test against them strong against the DUI defendants. The problem with that thinking, among many other reasons, is that it revokes an existing statutory right to those who fall within this category. In essence it could be argued that first time offenders are losing rights while repeat offenders get rewarded by preserving their rights.

Constitutional and Statutory Rights are one of the few things in life people lean on to protect them from mistreatment or abuses in the criminal justice system. If the move was all about Arizona saving money because "trials are too expensive" then someone needs to redo the math. How much will it cost the state of Arizona to fight any and all future repeal propositions that this amendment will face? So much for cost savings and the preservation of the States economic resources.

The Committee for the Right to Jury Trial, led by attorney Clifford Girard is asking voters to repeal that particular amendment of the new AZ DUI law in SB 1200. The committee needs to gather 86,405 signatures by July 19, 2011 to qualify for putting the repeal on the 2012 ballot. Opponents want the voters of Arizona to have the chance to decide, debate, and vote; a chance that was not provided to them before it was passed into law. Fair enough.

Article News Sources: 1) azleg.gov/legtext/50leg/1r/bills/sb1200s.pdf, 2) tuccsoncitizen.com/arizona-news/category/arizona-republic-news , 3) Associated Press 4) Arizona Republic News. 5) AZ central.com news

This news article and commentary has been posted for general public informational purposes only. All articles by this author are intended to raise awareness and generate discussion on a variety of Arizona State Law issues and topics. Note that Arizona legislation, laws, and bills are often presented and changing. If you have a criminal or DUI defense matter related to this topic, it is important that you consult or hire an Arizona criminal or AZ DUI lawyer in the jurisdiction or municipality of Arizona where you received your charges for up to date information.

Continue reading "New AZ DUI Laws SB 1200 Signed and Effective December 31, 2011... But Challenged" »

Petitions to be Accepted by ADHS for Additional Qualifying Debilitating Medical Conditions for AZ Medical Marijuana Use

March 30, 2011 News Post
Article by: James Novak, Phoenix DUI and Criminal Defense Attorney

Don't fret if you have a qualifying debilitating medical condition not initially included on the list. The Arizona Department of Health Services (ADHS) plans to accept petitions beginning January, 2012, for additional debilitating medical conditions to be considered as qualifying for use of prescription medical marijuana in Arizona. This is good news to many who feel they needed to use medical marijuana for relief of their symptoms, but their conditions did not initially qualify under the AZ medical marijuana law.

According to the AZ Medical Marijuana Rules patients suffering from the following medical conditions were considered to initially qualify (Cited in part):

• Cancer
• Glaucoma
• HIV
• AIDS
• Hepatitis C
• ALS
• Crohn's disease
• Alzheimer's disease

Also there are certain symptoms that qualify, even though they may not be the result of a qualifying condition listed above. A "chronic or debilitating disease or medical condition" is defined as one that causes the following symptoms below. (Cited in part):

• Cachexia or wasting syndrome;
• Severe and chronic pain;
• Severe nausea;
• Seizures, including those characteristic of epilepsy;
• Severe or persistent muscle spasms, including those characteristic of multiple sclerosis

The ADHS will accept written requests to add medical conditions and chronic or debilitating symptoms of a condition to the current list. This opportunity will take place twice each calendar year, in January and July. There will be certain requirements and documentation needed by the ADHS in order to consider adding a new qualifying medical condition. Those requirements and documentation are outlined in detail, but reader friendly, at the ADHS official website in the Question and Answers section.

Article Source: Official ADHS Website: http://www.azdhs.gov/prop203/calendar.htm .
This article has been posted for general public informational purposes only. All articles by this author are intended to raise awareness and generate discussion on a variety of Arizona State Law issues and topics.

Continue reading "Medical Marijuana Law Update" »

Final Rules Published by ADHS

They're here! Arizona Department of Health Services Publishes Final Rules for Administration of the AZ Medical Marijuana Act. Two more milestone dates added.

March 29, 2011 News Post
Article by: James Novak, Phoenix DUI and Criminal Defense Attorney

The ADHS published it's Final Rules, Physician Certification Form, and Frequently Asked Questions and Answers which can be found at their official website http://www.azdhs.gov/prop203/calendar.htm.

There you will also find two more milestone dates for future actions posted on the website: :
1) August, 2011: ADHS will select and award medical marijuana dispensary registration certificates.

2) January, 2012: ADHS will accept petitions for additional debilitating medical conditions.

Article Source: Official ADHS Website http://www.azdhs.gov/prop203/calendar.htm: Refer to the Arizona Department of Health Services Official Website for more information on this article topic, latest news and expanded information http://www.azdhs.gov/prop203/calendar.htm .

Continue reading "Arizona Medical Marijuana Update" »

Arizona Medical Marijuana Update
A closer look at how Arizona dispensary registration certificates will be allocated and awarded by ADHS to medical marijuana dispensary applicants.

March 28, 2011 News Post
Article by: James Novak, Phoenix DUI and Criminal Defense Attorney

According to announcements made on ADHS website, the first issuances of for registration of dispensary certificates will begin in May 2011. They will be allocated according on the basis of what is known as the "Community Health Analysis Areas (CHAAs)". The CHAAs were created six years ago. They are community-based locations made up of small geographic areas. These areas were designated as units. Although smaller in geographic locations, they are large enough in population to base a statistical analysis.

The ADHS will initially award dispensary registration certificates as outlined in R9-17-302 of the final draft rules and regulations. Here's what we know:

1) In the event there is only one "complete and compliant application" received for medical marijuana dispensary in a particular CHAA, that dispensary applicant will be awarded a certificate without contents.

2) However, if more than one compliant application is received by ADHS for a dispensary in the same CHAA area, they will "randomly" award the certificate to one of the two or more dispensary applicants. That choice will be made in a public forum to be held at a later scheduled date in the summer of 2011.

A medical marijuana dispensary applicant who has been awarded a registration certificate must obtain approval from the ADHS to operate as a dispensary prior to beginning operations. The application procedures for the approval of the dispensary operations are outlined in section R9-17-304 of the final draft rules.

Refer to the Arizona Department of Health Services Official Website for latest news and expanded information http://www.azdhs.gov/prop203/calendar.htm .
News Source: Official ADHS Website

Continue reading "Medical Marijuana Dispensary Registration Certificates" »

Final rules scheduled to be published for implementation of the Arizona Medical Marijuana Act March 28, 2011...and a look at what's next.

March 27, 2011 News Post
Article by: James Novak, Phoenix DUI and Criminal Defense Attorney

You can look for the final rules to be published by ADHS tomorrow, March 28, 2011,
Also, at the ADHS website you can "map your location" to obtain current information about the dispensary application process in your areas.

As a refresher, under the provisions of the Arizona Medical Marijuana Act (AZ Prop 203) the AZDHS has until April 13, 2011 to adopt a regulatory system for implementation and distribution of medical marijuana.

Through an exempt rule making process this system will include methods for approving, renewing, and if applicable, revocation of registrations for the following entities:
:
1) Qualifying Patients,
2) Caregivers,
3) Nonprofit Dispensaries,
4) Dispensary agents

The ADHS has been a key player in keeping the public involved and informed as to their efforts. They have thus far met every deadline they set on or before the scheduled date. Here's a look at what's next on their agenda of milestones:

• April 2011: Applications will begin to be accepted for qualified patients and caregivers, by ADHS.
• May 1, 2011: Applications for dispensary registration certificates will begin to be accepted by ADHS.

Refer to the Arizona Department of Health Services Official Website for latest news and expanded information http://www.azdhs.gov/prop203/calendar.htm .
News Source: Official ADHS Website

Continue reading "MEDICAL MARIJUANA ACT NEWS UPDATE" »

February 25, News Post
Article by: James Novak, Phoenix DUI and Criminal Defense Attorney

On March 1, 2011 Scottsdale Police plan to rent space to defendants in other cities valley-wide convicted of non-violent misdemeanors including Arizona DUI charges for up to 48 hours. This alternative is being offered in lieu of spending that time in Maricopa County's Tent City or Maricopa County Jail.

No one wants to do time for an AZ DUI conviction under the harsh conditions of Sherriff Joe's Tent City. So the question is "what's the catch?"

First, it's not about comfort for the defendants. Basically, it boils down to money issues. The city of Scottsdale faces a $20 million deficit for next fiscal year's budget. The idea is to bring in $700,000 from this 6 month pilot program to rent the jail space in the Scottsdale Detention Facility. But some speculate whether or not it makes sense. Officials indicate that that it costs the city approximately $500,000 to keep the jail facilities opened. Scottsdale hopes to offset existing costs, of keeping its two jail facilities opened, and earn a $200,000 in profit to help the budget. The primary Scottsdale booking facility is the down town jail on 75th street in Scottsdale AZ. The facility where they will be renting the space is the Scottsdale via Linda Detention Center.

Scottsdale City officials feel it will help the over populated Maricopa County jail and Tent City because some valley cities in Maricopa County, such as Mesa AZ, do not have the space or capacity to hold defendants overnight. If the 6 month trial fails, officials report that the City of Scottsdale may have no choice but to consider ceasing operations and closing the building down.

Other concerns are that there are only eight additional beds available for out-of city defendants, because the other six are being used to accommodate convicted defendants from Scottsdale City Court.

So how do defendants opt in? Well, besides the Arizona Criminal Justice system's tape, several other things need to happen. For one, there needs to be room available at the Scottsdale via Linda facility. Eight beds do not sound like a lot. Considering the program is available to valley wide cities, the "no vacancy" sign might light up sooner than expected. And Two, it will cost the defendant $189.00 per day, out of their own pocket to stay at the Scottsdale via Linda jail. Ouch...on a good day, $189.00 that could pay for a nice room at some of the valley's best hotels and resorts.
Article Resource Used: AZCentral.com, Arizona Republic Newspaper, & Local Fox News Television Station.

Continue reading "COTTSDALE JAIL SPACE FOR RENT" »

On February 18, 2011 synthetic Marijuana Bill HB 2167 was signed into law, permanently banning use, possession, or sale in Arizona.

February 24, News Post
Article by: James Novak, Phoenix DUI and Criminal Defense Attorney

The permanent ban has now been signed into Arizona law by Governor Jan Brewer, which takes effect immediately. Synthetic Marijuana (fake pot) was found to be responsible for such severe and sometimes fatal conditions including but not limited to seizures, strokes, high blood pressure, visual disturbances, heart dysfunctions and more. The synthetic Marijuana chemical compounds were found to be 700 times more potent then the authentic substances of the active ingredients in Marijuana.

Bill Montgomery, Maricopa County Attorney stated that those using, possessing or selling this drug should "consider themselves on notice". He vowed to aggressively prosecute those who have been charged or arrested for using, possessing or selling synthetic marijuana; and that this and similar drugs pose a threat to the citizens of Maricopa County.

Sources: Office of the Governor, and Local Television News Agencies.
This news is a follow-up article to www.Arizonacriminaldefenseattorneyblog.com dated December 15, 2010 regarding Temporary Ban on use of synthetic or fake Marijuana also known as Spice: http://www.arizonacriminaldefenseattorneyblog.com/cgi-bin/mt-search.cgi?search=synthetic+marijuana&IncludeBlogs=401&search= Click on this link for more detailed information on synthetic marijuana and the ban on it.
Author: James Novak - Criminal Defense and DUI lawyer in Arizona (Former Prosecutor).

The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Phoenix, Mesa, Tempe, Scottsdale, Chandler, Tempe, Gilbert Arizona and surrounding cities valley-wide. .

Continue reading "Synthetic Marijuana (Spice) Bill Signed Permanently into Law; Effective Immediately" »

ADHS announces final rules for the Arizona Medical Marijuana Act on schedule to be published March 28, 2011. Over 2,150 comments were submitted to ADHS regarding the final rules.

February 19, 2011 News Post
Article by: James Novak, Phoenix DUI and Criminal Defense Attorney

According to the official ADHS website, the public comment period for the draft rules closed February 18, 2011 as expected. The ADHS stated their target date to publish the final rules is March 28, 2011.

The ADHS will be reviewing the more than 1,000 comments they received electronically and 150 verbal comments provided during public comment sessions, on this second and final round of soliciting public feedback. Abut 1,000 comments were submitted for the initial draft rules. The ADHS plans to make the comments available to the public in the near future.

When you think about the hundreds of thousands of people who voted one way or the other, on Prop 203 back in November 2010, the number of comments, (approximately 2,150) pales in comparison.

So here we are, with implementation around the corner. Arizona residents were given their chance to vote, and provide constructive input regarding the Medical Marijuana Act rules. Each city in Arizona will administer the Medical Marijuana Law by adopting the final rules as they see best fit for their city.

There will be those who have significant interests or who will be greatly affected by the law, and are still unhappy with the final outcome following all due processes. With respect to those, they have one final option to act: Put simply, move...to another city or state. Like it or not, that's the way it is.

Continue reading "AZ MEDICAL MARIJUANA ACT UPDATE" »

Public comments on the Arizona Medical Marijuana Act initial rules obviously had an impact based on the new rules posted January 31, 2011 by ADHS.

February 3, 2011 Post
Article by: James Novak, Phoenix DUI and Criminal Defense Attorney

It seems like just yesterday the votes on AZ Prop 203 were finally counted, and the law passed. Yet, here we are just a few months away from implementation.New revised rules were posted January 31, 2011 on the official ADHS website. The public has until February 18, 2011 to post electronic comments to the revised rules. Revisions were made in part based on comments contributed by the public after the initial draft rules were drafted and posted.

If you are following the events leading to implementation, mark your calendars for the next important dates that were published on the ADHS website:

1) March 28, 2011 - Final rules will be published by ADHS. These rules will l be the ones used for implementation of the Arizona Medical Marijuana Act.

2) April 2011 - Applications will be accepted and considered by ADHS for patients and caregivers who meet the required qualifications.

3) May 1, 2011: applications will be accepted and considered for dispensary registration certificates by AHDS.

ADHS will consider public comments on the revised rules until February 18, 2011. Based on the amount of changes made which can be viewed on the ADHS website, your opinions on the Arizona Medical Marijuana Act initial rules made a difference. Just the votes, every one was considered and counted. Many had regrets one way or the other if they did not vote when they had the chance on AZ Proposition 203. Don't pass up another chance to post a constructive comment on the new rules.

Continue reading "AZ MEDICAL MARIJUANA ACT UPDATE" »

10 Things People Are Talking About

Article by: James Novak, Phoenix DUI and Criminal Defense Attorney
According to announcements made by ADHS, over 1300 people commented on the initial draft posted by ADHS December 17, 2010. The initial comment period has ended, they are currently being considered. New rules will be available for comment on January 31, 2010, to February 18, 2011. Following the next comment period the final Rules package are scheduled to be completed and published March 28, 2011.

Of those comments on the initial draft rules, here were the 10 most talked about issues:
1. Patient-physician relationship requirements;
2. Adding more medical conditions, illnesses, and diseases to the list of those who will qualify;
3. Fees and how those with limited income can gain access;
4. Patient/caregiver cultivation mileage rules;
5. The 70% dispensary self-production and cultivation requirements;
6. Dispensary Registration Certificate approval process;
7. The requirement that each dispensary having an official medical director;
8. Medical Director Qualifications, in that the qualifications be liberalized to include more and various types of medical professionals;
9. Dispensary applicants requirement of a 2 year residency rule;
10. Cultivation facilities licensing requirements with an associated dispensary.

All comments on the initial draft are available and posted on the ADHS website. The public will get their next chance to comment on January 31, 2011 when the second draft is posted. The ADHS has expressed their commitment to considering all constructive comments. So a word to all those with concerns or interests in the Arizona Medical Marijuana Rules, don't pass up your opportunity to let your voice be heard.

Continue reading "AZ MEDICAL MARIJUANA NEWS " »

January 12, 2011 News by: James Novak, Phoenix DUI and Criminal Defense Attorney

The Arizona Department of Human Services website (ADHS.gov) posted Answers to frequently asked questions. Below is the answers to the definition of a qualifying patient, and what medical condition qualify for patients to register for a Medical Marijuana Card which will enable them to obtain and use Medical Marijuana under the new law:

A "qualifying patient" is defined in Proposition 203 as a person who has been diagnosed by a physician (a doctor of medicine, osteopathy, naturopathic medicine, or homeopathy) as having one of the following debilitating medical conditions:

• Cancer

• Glaucoma

• Positive status for human immunodeficiency virus

• Acquired immune deficiency syndrome

• Hepatitis C

• Amyotrophic lateral sclerosis

• Crohn's disease

• Agitation of Alzheimer's disease

• A chronic or debilitating disease or medical condition that produces any of the following:

a. Cachexia or wasting syndrome
b. Severe and chronic pain
c. Severe nausea
d. Seizures (including those characteristic of epilepsy) or
e. Severe and persistent muscle spasms (including those characteristic of multiple sclerosis)
A qualifying patient's "designated caregiver" and a "dispensary agent" will also receive registration cards under Proposition 203.
For more medical Marijuana news, visit the ADHS website www.azdhs.gov/prop203 that was created to help the public follow updates on rulemaking as Arizona prepares to implement the new law.

Continue reading "Qualifying Conditions for use of Medical Marijuana in Arizona" »

News Article by: James Novak, Phoenix DUI and Criminal Defense Attorney

According to Arizona law enforcement officials and local Phoenix AZ sources, 3500 DUI arrests were made as a result of the DUI task forces (or AZ DUI sobriety checkpoints) set up around the state between Thanksgiving 2010 and through the New Year observed holiday 2011.

Of the 3500 DUI arrests, The East Valley Task Force accounted 1,862 which is more that half of all the arrests. Southern Arizona DUI Task Force arrested 397 drivers. The West Valley DUI Task force made 365 DUI arrests in Arizona. The 2010/2011 Arizona DUI sobriety checkpoint taskforce numbers were for this same holiday time frame in 2009/2010 was actually 26% lower. .

Those arrested for DUI were accused of either drunk driving because of alcohol or AZ DUI with Drugs (meaning allegedly driving impaired due to the influence of drugs, or other toxic substance). Note that this figure of 3500 DUI arrests in Arizona represent the number of people charged, but not yet convicted, and not yet found "guilty" of the DUI charges for which they were arrested. They are considered innocent until and unless they are proven guilty. Those arrested will have an opportunity to obtain legal representation with a qualified Arizona criminal defense attorney or DUI lawyer in Arizona to challenge the DUI, for justification, and to defend their Arizona DUI charges.

Continue reading "3500 DUI Arrests from Holiday DUI Task" »

Article by: James Novak, Phoenix DUI and Criminal Defense Attorney

You could say the ADHS is not letting any "grass" grow under their feet. By their actions, they are taking their responsibilities very seriously. The Arizona Department of Health Services (ADHS) is making great strides toward regulation and implementation of the new Arizona Medical Marijuana Act. ADHS posted their official information to the public on their website including the initial draft of the Rules on line, and an official time-line regarding for the medical marijuana governing regulatory system.

You can find comprehensive news and updates at the Arizona Department of Health Services website regarding the Arizona medical marijuana law's progress for implementation. You can also post your comments and input regarding the initial draft rules. The following time-line for bench marks is being cited from the ADHS website as it applies to Maricopa County, Phoenix-Metro, and Phoenix East Valley residents:

• December 17, 2010: ADHS posted an initial informal draft of the Rules;
• December 17, 2010 - January 7, 2011: ADHS receives informal (electronic) public comment on the initial informal draft rules
• January 31, 2011: ADHS posts official draft Rules for public comment
• January 31, 2011 - February 18, 2011: ADHS receive public comment on a revised draft of the Rules
• February 14 - 17, 2011: ADHS will hold two public meeting about the draft Rules in Phoenix as follows:
1) Phoenix: Tuesday, February 15, 2011 at 1:00 pm, 250 N. 17th Ave Phoenix AZ
2) Phoenix: Thursday, February 17, 2011 at 1:00 pm, 250 N. 17th Ave Phoenix AZ
• March 28, 2011: ADHS publishes the final Rules that will be used to implement the Act
• April 2011: ADHS begins to accept applications for registry identification cards and for dispensary certificates

Continue reading "AZ MEDICAL MARIJUANA LAW TIME-LINE" »

Article by: James Novak, Phoenix DUI and Criminal Defense Attorney December 13, 2010

Arizona cities including Phoenix AZ, and Tempe, AZ have already begun passing their ordinances for Dispensary Zoning to regulate the requirements involving medical marijuana dispensaries.

These efforts are being made in compliance with the new Arizona Medical Marijuana Law. According to the law, in order to become a legal and licensed dispensary, the grower or infuser (injection into food) of medical marijuana, the dispensary applicant must comply with the zoning standards of the particular city municipality, or town for which the dispensary will be located.

The ADHS is expected to begin accepting ADHS applications for dispensary licenses next April 2011.

Continue reading "AZ MEDICAL MARIJUANA LAW NEWS " »