Why is ARS 36-2812. Affirmative defense Missing from the Arizona government web page that lists all the stuff about Prop 203 or Arizonas Medical Marijuana Act. If you go to this link which is Arizonas Medical Marijuana Act: azleg.gov/ArizonaRevisedStatutes.asp?Title=36 you will notice that 36-2812 is MISSING. 36-2809 Annual report 36-2810 Confidentiality 36-2811 Presumption of medical use of marijuana; protections; civil penalty 36-2813 Discrimination prohibited 36-2814 Acts not required; acts not prohibited It jumps from 36-2811 to 36-2813 It seems like 36-2812 is missing and that 36-2812. Affirmative defense is a very important part of the act that defines patients rights???? There is the text of 36-2812. Affirmative defense which I got from this URL: azsos.gov/election/2010/info/pubpamphlet/english/prop203.htm 36-2812. Affirmative defense A. EXCEPT AS PROVIDED IN SECTION 36-2802, A QUALIFYING PATIENT AND A QUALIFYING PATIENTS DESIGNATED CAREGIVER, IF ANY, MAY ASSERT THE MEDICAL PURPOSE FOR USING MARIJUANA AS A DEFENSE TO ANY PROSECUTION OF AN OFFENSE INVOLVING MARIJUANA INTENDED FOR A QUALIFYING PATIENTS MEDICAL USE, AND THIS DEFENSE SHALL BE PRESUMED VALID WHERE THE EVIDENCE SHOWS THAT: 1. A PHYSICIAN STATES THAT, IN THE PHYSICIANS PROFESSIONAL OPINION, AFTER HAVING COMPLETED A FULL ASSESSMENT OF THE QUALIFYING PATIENTS MEDICAL HISTORY AND CURRENT MEDICAL CONDITION MADE IN THE COURSE OF A BONA FIDE PHYSICIAN-PATIENT RELATIONSHIP, THE QUALIFYING PATIENT IS LIKELY TO RECEIVE THERAPEUTIC OR PALLIATIVE BENEFIT FROM THE MEDICAL USE OF MARIJUANA TO TREAT OR ALLEVIATE THE QUALIFYING PATIENTS DEBILITATING MEDICAL CONDITION OR SYMPTOMS ASSOCIATED WITH THE QUALIFYING PATIENTS DEBILITATING MEDICAL CONDITION. 2. THE QUALIFYING PATIENT AND THE QUALIFYING PATIENTS DESIGNATED CAREGIVER, IF ANY, WERE COLLECTIVELY IN POSSESSION OF A QUANTITY OF MARIJUANA THAT WAS NOT MORE THAN WAS REASONABLY NECESSARY TO ENSURE THE UNINTERRUPTED AVAILABILITY OF MARIJUANA FOR THE PURPOSE OF TREATING OR ALLEVIATING THE QUALIFYING PATIENTS DEBILITATING MEDICAL CONDITION OR SYMPTOMS ASSOCIATED WITH THE QUALIFYING PATIENTS DEBILITATING MEDICAL CONDITION. 3. ALL MARIJUANA PLANTS WERE CONTAINED IN AN ENCLOSED LOCKED FACILITY. 4. THE QUALIFYING PATIENT AND THE QUALIFYING PATIENTS DESIGNATED CAREGIVER, IF ANY, WERE ENGAGED IN THE ACQUISITION, POSSESSION, CULTIVATION, MANUFACTURE, USE OR TRANSPORTATION OF MARIJUANA, PARAPHERNALIA OR BOTH, RELATING TO THE ADMINISTRATION OF MARIJUANA SOLELY TO TREAT OR ALLEVIATE THE QUALIFYING PATIENTS DEBILITATING MEDICAL CONDITION OR SYMPTOMS ASSOCIATED WITH THE QUALIFYING PATIENTS DEBILITATING MEDICAL CONDITION. B. A PERSON MAY ASSERT THE MEDICAL PURPOSE FOR USING MARIJUANA IN A MOTION TO DISMISS, AND THE CHARGES SHALL BE DISMISSED FOLLOWING AN EVIDENTIARY HEARING WHERE THE PERSON SHOWS THE ELEMENTS LISTED IN SUBSECTION (A). C. IF A QUALIFYING PATIENT OR A QUALIFYING PATIENTS DESIGNATED CAREGIVER DEMONSTRATE THE QUALIFYING PATIENTS MEDICAL PURPOSE FOR USING MARIJUANA PURSUANT TO THIS SECTION, THE QUALIFYING PATIENT AND THE QUALIFYING PATIENTS DESIGNATED CAREGIVER SHALL NOT BE SUBJECT TO THE FOLLOWING FOR THE QUALIFYING PATIENTS MEDICAL USE OF MARIJUANA: 1. DISCIPLINARY ACTION BY A COURT OR OCCUPATIONAL OR PROFESSIONAL LICENSING BOARD OR BUREAU. 2. FORFEITURE OF ANY INTEREST IN OR RIGHT TO NON-MARIJUANA, LICIT PROPERTY. I am starting to write a blurb on why Prop 203 sounds like it was written as government welfare program for medical marijuana dispensaries and I noticed that section was missing.
Posted on: Sun, 21 Sep 2014 17:01:46 +0000
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