‘Dracula Clause’ Protects AZ’s Healthcare Cannabis Customers No Matter What Sessions Does


from Phoenix New Occasions
by Ray Stern |January five, 2018

Remain robust, Arizona health-related-marijuana sufferers.

U.S. Lawyer Basic Jeff Sessions and regional authorities have tiny energy to cease you from consuming, possessing, or even increasing cannabis below state law.

The 2010 Arizona Healthcare Marijuana Act includes a sort of “Dracula clause”: If freedom-hating prohibitionists attempt to kill it, it will come back to life and bite them.

Sessions on Thursday rescinded the Obama-era actions that gave rise to the modern day, state-legal marijuana business, the so-known as Cole and Ogden memos.

In theory, the new non-guidance to best federal prosecutors (the state U.S. attorneys) grants them much more leeway to pursue enforcement actions against cannabis businesses that are complying with their state laws. Healthcare-marijuana businesses would be immune from this enforcement — but only for an additional month, if Congress fails to extend a essential law banning funds from becoming spent on such enforcement.

As Phoenix New Occasions and other media outlets reported Thursday, the anticipated shift in policy has sent a chill all through the multibillion-dollar business. Operators and investors with the state’s 130 or so dispensaries ought to wait to see how it all shakes out.

But for authorized Arizona sufferers, the outcome of a draconian crackdown on the businesses is much more predictable, offered the text of the state law.

If the state stops issuing health-related-marijuana cards, Arizona sufferers — who now quantity about 160,000 — could nonetheless possess and consume cannabis by getting a doctor’s note. The state would no longer regulate the system and would not gather its $150 charge.

Promoting cannabis to sufferers would be a state crime, considering that only dispensaries can legally do that below the 2010 law. But the state law says that sufferers can develop up to 12 plants each and every if no dispensary is operating inside 25 miles.

With no dispensaries and unrestrained cultivation by sufferers, the black marketplace for cannabis would be larger than ever just before. Tens of thousands of sufferers who need to have cannabis would commence to promptly seek out an option to dispensaries, if these companies had been shut down. Clearly, they would be quickly served by an army of abruptly unemployed, extremely skilled, and skilled growers and sellers.

The revolution of legal cannabis would march on.

The feds could attempt to cease the chaotic freedom, but they simply do not have the sources to go just after sufferers and little-time growers.

As former Maricopa County Sheriff Joe Arpaio utilised to complain, the policy at the Arizona U.S. Attorney’s Workplace for years has been to prosecute only the (non-border-trafficking) cannabis situations that involve much more than 500 pounds. Usually, the only time that federal authorities bust typical people for minor possession situations, as New Occasions has identified in court records, is when rangers catch somebody with cannabis in federal parks.

Ryan Hurley, basic counsel for Copperstate Farms, 1 of the biggest cannabis growers in the state, stated that he’s concerned about Sessions rescinding the Obama protections, but does not think the Arizona health-related system will be targeted.

“Worst of all” for the prohibitionists, he stated, is the doable situation of unregulated sufferers and household-growers that would arise if the federal government knocked out the dispensaries.

The quantity of sufferers in an unregulated technique could possibly strategy the estimated 600,000 persons who consume cannabis in Arizona, whether or not for medicinal causes or not, he predicted.

“Anyone could stroll about with a note in their pocket” and appreciate protection from state prosecution for low-level possession and cultivation, Hurley stated.

Other states exactly where voters have legalized cannabis, like Colorado and California, would also retain their simple protections for sufferers and recreational shoppers, he added.

“It would be extremely challenging, if not not possible, to place the genie back in the bottle,” he stated. “People would rise up.”

The cannabis landscape is vastly various than it was just 10 years ago in Arizona, when everybody was topic to felony prosecution for possession of any quantity of cannabis. Sufferers have state voters, Obama, and Congress to thank for the existing protections.

Legal cannabis will go down as 1 of Obama’s most enduring legacies considering that his administration changed the paradigm in 2009. That year, in response to health-related-marijuana laws in California, Colorado, and other states, deputy AG David Ogden sent a memo to all the U.S. Attorneys that successfully ended strict anti-cannabis enforcement by the feds.

“As a basic matter, pursuit of these priorities need to not concentrate federal sources in your States on men and women whose actions are in clear and unambiguous compliance with current state laws offering for the health-related use of marijuana,” the memo study.

In November 2010, Arizona voters authorized Prop 203, the Healthcare Marijuana Act, by just four,341 votes. Since the Act was a ballot proposition, it can not be altered by the Arizona Legislature without having a 3-fourths majority vote, and even then the transform ought to additional the Act’s objective.

The Marijuana Policy Project, which place the Act on the ballot, predicted that anti-freedom lawmakers or bureaucrats could possibly attempt to interfere with the law’s implementation and added the Dracula clause. That section is now enshrined in Arizona Revised Statute 36-2818, which says that if the state Division of Well being Solutions “is not accepting applications” for health-related-marijuana cards, sufferers can just jot down on a sheet of paper their ailment and other information and facts now in official applications, get it notarized, and acquire a doctor’s written certification.

The two documents collectively “shall be deemed a valid registry identification card,” the law states.

Deputy AG James Cole issued an additional memo in 2013 that commonly shielded states’ health-related-marijuana applications and also paved the way for the groundbreaking adult-use laws of Colorado and Washington in 2012.

Congress granted robust protection to health-related-marijuana applications in 2014 by passing the Rohrabacher-Farr amendment, which bans the feds from spending cash on enforcement operations against the applications. Now recognized as the Rohrabacher-Blumenauer Amendment, the law was reapproved and in the end upheld by the U.S. Ninth Circuit Court of Appeals. It is presently set to expire on January 19.

Arizona’s law also enjoys protection from the state court technique, with a number of rulings that deny the law is in conflict with federal law, reasoning that the state can opt for on its personal whether or not or not to enforce cannabis prohibition.

Federal authorities wouldn’t need to have to send jackboots into the dispensaries to shut down the business. A couple of strongly worded letters threatening seizure of assets and house would do the trick. But U.S. Attorneys have some discretion and could determine not to go along with any planned crackdown by Sessions. On Thursday, Acting Colorado U.S. Lawyer Bob Troyer, an Obama appointee, announced that he wouldn’t transform his existing strategy to cannabis enforcement — which consists of enabling Colorado retailers to sell cannabis to any individual 21 or older. On the other hand, Trump could replace Troyer.

The Trump administration nonetheless hasn’t assigned Arizona a permanent U.S. Lawyer considering that John Leonardo, also an Obama appointee, resigned just after Trump’s election. That signifies it is unknown whether or not Arizona’s new federal prosecutor — whoever it will be — will attempt to shut down the state dispensary system.

Asked for comment about Sessions’ move, the Arizona U.S. Attorney’s Workplace, headed up by acting Arizona U.S. Lawyer Elizabeth Strange, released the following, somewhat cryptic, statement: “Our workplace is committed to the enforcement of federal law and does not have something to add to the Lawyer General’s announcement at this time.”

If the new Arizona federal prosecutor chooses to take down the dispensary business, it would cause financial discomfort for the state as thousands of persons lost their jobs, and as an business worth hundreds of millions of dollars in financial activity went up in smoke. Investors and dispensary operators would be out of luck.

Arizona’s 160,000 sufferers would locate it tougher to obtain cannabis solutions, specifically the solutions they’ve come to use frequently, whether or not that be a certain flower strain, edible, or concentrate. The feds could possibly even attempt to prosecute a couple of typical sufferers or growers as an instance, while such actions would be extremely restricted due to federal priorities.

For the most aspect, patients’ simple appropriate to possess up to two.five ounces of cannabis would not be infringed. They’d just have to locate their personal green thumb and develop their personal — or find 1 of the thousands of household growers or black-marketplace dealers prepared to enable them.


Latest posts