Pubdate: Mon, 11 Oct 2010 Source: Arizona Republic (Phoenix, AZ) Copyright: 2010 The Arizona Republic Contact: http://www.azcentral.com/arizonarepublic/opinions/sendaletter.html Website: http://www.azcentral.com/arizonarepublic/ Details: http://www.mapinc.org/media/24 Author: Michelle Ye Hee Lee Cited: Arizona Department of Health Services http://www.azdhs.gov/division.htm Cited: Proposition 203 http://stoparrestingpatients.org/ Bookmark: http://www.mapinc.org/find?273 (Proposition 203) MEDICAL MARIJUANA LAW WILL BE COSTLY IF APPROVED, HEALTH OFFICIALS SAY State Health Department Fears Cost, Regulatory Challenges Over Proposition 203 If voters approve the medical-marijuana ballot proposition Nov. 2, health officials say the cash-strapped state will have to spend up to $1 million and work under a tight deadline to implement the law. The Arizona Department of Health Services, which opposes the proposition but would be charged with regulating medical marijuana, says Proposition 203 would create huge obstacles for the department. It already is coping with budget and staff cuts and would need to work fast to set up a monitoring system to prevent marijuana from being handed out without department oversight. The department would have 120 days to set up procedures for dispensing marijuana and to develop an electronic database to track records. If the department missed its deadline, every medical-marijuana application with a doctor's recommendation would have to be accepted. But advocates of the Arizona Medical Marijuana Act say they would provide resources to help the department establish a system, and the department could make up its initial costs through fees and donations within the first year. If voters approve the measure, licensed physicians could recommend medical marijuana to patients with debilitating medical conditions, including cancer, glaucoma, HIV/AIDS, hepatitis C and Alzheimer's disease. Patients would register for identification cards with the health department. They could receive up to 2 1/2 ounces of marijuana every two weeks from dispensaries or cultivate up to 12 marijuana plants if they live 25 miles or farther from a dispensary. There would be 124 dispensaries operated by non-profits to start, proportionate to the number of pharmacies in the state. Department's Role The proposition is lengthy and contains specific guidelines about the health department's role. But it also gives the department, which opposes the proposition on medical and health-safety grounds, room to create some of its own administrative procedures. The health department would establish standards for dispensaries such as application requirements and application and re-newal costs. The department would determine safety standards for dispensaries, such as the security systems they would have to install, the rules under which the department could revoke licenses and how to inspect dispensaries. For patients, the department would figure out requirements for medical-marijuana card applications, how to verify designated caregivers who could buy the marijuana on behalf of a patient and how to develop a system for creating new photo IDs. The department must set up a password-protected computer system to store information for patients, dispensaries and law enforcement. There is some dispute over how much legal authority the department would have to define and regulate the law. Andrew Myers, campaign manager for Arizona Medical Marijuana Policy Project, said pro-Prop. 203 professionals are drafting recommendations to help the department tightly regulate the law. But Carolyn Short, chairwoman of opposition campaign Keep Arizona Drug Free, questions whether the department indeed would have the authority to regulate the voter-approved law and worries that if the department tried to regulate the law, the state could face lawsuits. According to the Arizona Legislative Council, a research wing of the Legislature, the health department has the standard authority that rulemaking bodies do when adopting laws: As long as the department does not contradict the provisions spelled out in the ballot proposal, it could fill in any gaps in the measure. Mike Braun, the council's executive director, said the department would hold a public-comment period to gauge how much regulation the public would accept. Regardless, Will Humble, the health department's director, said he wants to create a tightly regulated system. He said he wants to "skin a little bit close to the edge to get enough checks and balances but not enough so that you get a lawsuit." Lack of Time, Resources The department has four months from the day the law goes into effect to complete all its tasks. If the tasks are not finished, the department would have to accept all medical-marijuana applications as valid marijuana cards, as long as the patient has a doctor's written recommendation. Health-department officials say the 120-day deadline, which includes weekends and holidays, isn't enough time. The department's general-fund budget has decreased nearly 50 percent since fiscal 2008 and the number of staff numbers has dropped from 2,500 to 1,800, spokeswoman Laura Oxley said. "The finish line comes so quick," Humble said. "I wouldn't be so nervous if I had a million dollars and a year to get ready." Three years ago, the department implemented the Smoke-Free Arizona Act, which prohibited smoking in enclosed public spaces. But the department had six months to figure out how to enforce that law, which was far less complex than Prop. 203, Humble said. There is no extra money allocated in the department's budget, Oxley said. To set up the electronic data and verification system, the department could either use staff or outsource the project. But using current IT staff would delay other projects, such as creating an electronic licensing system for assisted-living centers, Humble said. And if the department outsources the job, an outside company could have partial ownership of the system or charge maintenance fees, he said. To speed up the process, the department's staff is researching other states' medical-marijuana rules to see what would work in Arizona. Generating Money The medical-marijuana program would be revenue-neutral, and the dispensaries would be non-profits. The health department would manage a fund for fees charged to dispensaries and patients and for donations. The state could not use this money for its general fund. The initiative does not address whether the department actively could raise funds. Humble said the program could eventually make up the initial costs. The Arizona Legislative Council estimated that there would be 66,000 medical marijuana cardholders by 2013. In March, the state Senate passed a bill to tax medical marijuana, but it did not make it out of the Legislature. Lawmakers who opposed the tax said that they didn't want to give the impression they support the initiative or give proponents an extra argument to garner support. - --- MAP posted-by: Richard Lake