Pubdate: Thu, 14 Aug 2014
Source: Today's News-Herald (Lake Havasu City, AZ)
Copyright: 2014 Today's News-Herald
Contact:  http://www.havasunews.com/
Details: http://www.mapinc.org/media/5231
Author: Kevin Baird

HAVASU MARIJUANA GROWER LOOKING FORWARD TO CHANGE IN ARIZONA'S POT LAWS

Medical marijuana grower Jeff Hangs thinks Arizona's medical marijuana
laws are too strict, but he isn't stressing out.

After telling Today's News-Herald in May of his predicament, another
cultivator reached out to him and said he would supply Hangs with
marijuana at no charge. And a statement by State Health Director Will
Humble this week indicates laws may soon swing in his favor.

The state doesn't allow marijuana growers within a 25 miles radius of
a marijuana dispensary, which is why Hangs' cultivation license will
not be renewed. He previously said he was considering leaving Havasu
so he could continue cultivating marijuana elsewhere, but Hangs now
says he'll wait it out.

Only time will tell whether Arizona will go the way of Colorado and
Washington in legalizing marijuana usage, but according to Capitol
Media Services, State Health Director Will Humble said this week he
may be willing to consider loosening the rules about how medical
marijuana can be obtained.

A state hearing officer rejected arguments this week about the 25-mile
rule, part of the original 2010 voter-approved Arizona Medical
Marijuana Act. Gold Canyon resident Arlin Troutt had challenged the
rule, saying it violated his constitutional rights because it allowed
others living outside the zone to continue to cultivate the drug.

The hearing officer said it is irrelevant that Troutt is more than 25
"road miles'' to the dispensary, saying the only thing Arizona law
considers is the 7.8 miles using a straight line approach.

But state Health Director Will Humble said that argument about driving
distance and convenience makes sense. And Humble told Capitol Media
Services this week he is crafting changes to the rules so that,
beginning sometime next year, the distance will be calculated solely
by road.

The 2010 law allows those with certain medical conditions and a
doctor's recommendation to obtain up to 2 1/2 ounces of marijuana
every two weeks. It also requires users to buy the drugs from one of
several dozen state-regulated dispensaries.

It also says anyone more than 25 miles from a dispensary can grow
their own plants. And since there were no dispensaries when the law
was enacted, that gave the right to all users, including, initially,
Troutt.

But when Troutt sought to renew his annual state permit to use the
drug earlier this year, health officials told him he could no longer
grow his own plants and would have to buy it from a dispensary. So he
appealed.

Humble said the 25-mile rule honors the intent of voters who wanted a
system which requires marijuana to be handled through regulated
dispensaries, complete with reporting requirements, rather than a
free-for-all where users can grow what they want and distribute it to
others. Anyway, Humble said, about 98 percent of the approximately
56,000 medical marijuana users live within 25 miles of at least one
dispensary.

Similarly, Humble said anyone who wants organic marijuana has lots of
options, with more than 90 dispensaries in operation.

Hangs was happy to hear the news, calling the 25-mile cultivation rule
"asinine." He said he doesn't have the time or money to lobby and be
politically active but he believes public opinion toward marijuana is
changing.

"Mark my words," Hangs said, "marijuana is going to go completely
legal before too long."

Howard Fischer of Capitol Media Services contributed to this report.
- ---
MAP posted-by: Matt