The Medical Marijuana Challenge Training Lieutenant Anderson Debilitating medical condition or symptoms associated with the patient’s debilitating medical condition The Medical Marijuana Challenge Training Lieutenant Anderson

Marijuana Challenges Education Police Officers Training of Law Enforcement Clearly defined policies and human resource guidelines Zoning and Dispensary DHS and the writers of the proposition took the position that if a city does not enact new reasonable zoning regulations, Medical Marijuana shall be allowed everywhere in the city that is more than 500 feet from a school, without limits. Education - The lack of knowledge causes controversy. Community members are worried about the possibility that there will be an increase in crime. Some argue that there are no standards written into the law that would require a thorough examination from a reputable doctor. A major concern with the legalization of medical marijuana is that people who drive under the influence will not be charged with a crime. The law also fails to regulate or prohibit prescribing medical marijuana for children. Police Officer- Policy updates, correspondences developed to provide direction to the officers, legal updates scales purchased for officers to quantify the weight. Training- Attorney General Direction states-The Department of Justice is committed to the enforcement of the Controlled Substances Act in all States. Congress has determined that marijuana is a dangerous drug, and the illegal distribution and sale of marijuana is a serious crime and provides a significant source of revenue to large-scale criminal enterprises, gangs, and cartels. For example, prosecution of individuals (with a registration identification card a QUALIFYING PATIENT ) wth cancer or other serious illnesses who use marijuana as part of a recommended treatment regimen consistent with applicable state law, or those caregivers in clear and unambiguous compliance with existing state law who provide such individuals with marijuana, is unlikely to be an efficient use of limited federal resources. (a) with a registration identification card a QUALIFYING PATIENT the“ALLOWABLE AMOUNT OF MARIJUANA” MEANS two and one half ounce of usable marijuana If authorized to cultivate 12 marijuana plants in an enclosed locked facility (unless being transported because the person is moving) Zoning and Dispensaries- The Az Department of Health Services has the responsibility to issue the dispensary license- but any license that we ultimately issue would be contingent on the prospective facility being in compliance with local zoning requirements. The League of Arizona Cities and Towns has put together a model ordinance to help cities and towns get their arms around the zoning issue.  The League has also posted examples of ordinances that have been passed by other cities and towns like  Globe, Marana, Oro Valley and Tucson. Glendale Restrictions- put dispensaries in general office, general commercial and heavy commercial zones and plant cultivation in light and heavy industrial zones. The facilities would be banned within 500 feet of residential areas and 1 mile of schools. Human Resources- employers are being forced to ponder what responsibilities they may have with respect to medical-marijuana users in their workforces

Review of the Law ARIZONA MEDICAL MARIJUANA ACT 36-2801. "CARDHOLDER" MEANS A QUALIFYING PATIENT, A DESIGNATED CAREGIVER OR A NONPROFIT MEDICAL MARIJUANA DISPENSARY AGENT WHO HAS BEEN ISSUED AND POSSESSES A VALID REGISTRY IDENTIFICATION CARD. "QUALIFYING PATIENT" MEANS A PERSON WHO HAS BEEN DIAGNOSED BY A PHYSICIAN AS HAVING A DEBILITATING MEDICAL CONDITION. ALLOWABLE AMOUNT OF MARIJUANA” TWO-AND-ONE-HALF OUNCES OF USABLE MARIJUANA A QUALIFYING PATIENT IS AUTHORIZED TO CULTIVATE TWELVE MARIJUANA PLANTS CONTAINED IN AN ENCLOSED, LOCKED FACILITY THE PLANTS ARE NOT REQUIRED TO BE IN AN ENCLOSED LOCKED FACILITY IF THE PLANTS ARE BEING TRANSPORTED BECAUSE THE QUALIFYING PATIENT IS MOVING. (b) DESIGNATED CAREGIVER – means a person who: Is at least twenty-one years of age. Has agreed to assist with a patient's medical use of marijuana. Has not been convicted of an excluded felony offense. Assists no more than five qualifying patients with the medical use of marijuana. Allowed 2.5 oz. or 12 plants if authorized to cultivate, for each patient (up to 5 patients) Issues- Out of State Patients A REGISTRY IDENTIFICATION CARD, OR ITS EQUIVALENT, THAT IS ISSUED UNDER THE LAWS OF ANOTHER STATE, or TERRITORY OF THE UNITED STATES THAT ALLOWS A VISITING QUALIFYING PATIENT TO POSSESS OR USE MARIJUANA FOR MEDICAL PURPOSES IN THE JURISDICTION OF ISSUANCE HAS THE SAME FORCE AND EFFECT WHEN HELD BY A VISITING QUALIFYING PATIENT AS A REGISTRY IDENTIFICATION CARD ISSUED BY THE DEPARTMENT, EXCEPT THAT A VISITING QUALIFYING PATIENT IS NOT AUTHORIZED TO OBTAIN MARIJUANA FROM A NONPROFIT MEDICAL MARIJUANA DISPENSARY.

Medical Marinuana

What if the person claims to have a card but cannot show it? Enforcement Issues-Cardholders What if the person claims to have a card but cannot show it? Nothing requires a person to carry card There is a presumption if the person has a card and an allowable amount of marijuana that the person is engaged in the use of medical marijuana DHS may get behind on issuing cards Do we arrest, book or long form (not CLD eligible)?

DUI-1 Issues- Arrest 28-1381.A.3 driving while under the influence of drugs May no longer be enforceable for cardholders Some believe med marijuana is an affirmative defense, so we can still arrest, but must consider; 36-2811.B. A REGISTERED QUALIFYING PATIENT OR REGISTERED DESIGNATED CAREGIVER IS NOT SUBJECT TO ARREST, PROSECUTION OR PENALTY IN ANY MANNER, OR DENIAL OF ANY RIGHT OR PRIVILEGE, INCLUDING ANY CIVIL PENALTY OR DISCIPLINARY ACTION BY A COURT OR OCCUPATIONAL OR PROFESSIONAL LICENSING BOARD OR BUREAU: FOR THE REGISTERED QUALIFYING PATIENT’S MEDICAL USE OF MARIJUANA PURSUANT TO THIS CHAPTER, IF THE REGISTERED QUALIFYING PATIENT DOES NOT POSSESS MORE THAN THE ALLOWABLE AMOUNT OF MARIJUANA.

Issues- Miscellaneous DUI-2 Issues- Miscellaneous If an officers stop a car and the driver admits to using med marijuana can the officer search the car? Do you have PC that the occupant/s are in possession of marijuana simply because the driver admitted to med use? Also need to consider Miranda issues before questioning occupant/s (i.e. are they in custody)

Employment Issues- Are we exempt? If your City/Town receives federal funding you are subject to the federal drug free workplace rules and there is a good argument that you are therefore exempt. If your City/Town decides they are not exempt there are a few issues you need to be aware of.

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