HURDLES REMAIN FOR STATE'S MEDICAL MARIJUANA LAW

Voter approval of Proposition 203, a ballot measure to legalize
medical marijuana in Arizona, is just the first step in getting
marijuana to patients with chronic, debilitating pain.

The Arizona Department of Health Services is now faced with
developing regulations to determine who can legally use the marijuana
and who will be dispensing it.

After ballots are canvassed Nov. 29, the state has 120 days before
the law goes into effect. "The department is going to go ahead and
get started with some of the implementation duties," Department
Director Will Humble said. Teams of employees will try to ensure the
new regulations are in place by April, but it could take longer for
medical marijuana cardholders to get the drug from a licensed
dispensary, Humble said.

Developing a computer infrastructure to identify cardholders and
monitor how much marijuana they receive, along with verifying
citizenship for all cardholders, are some of the challenges for the department.

"We need to develop a computer system online to ensure that patients
are purchasing the amount of marijuana they're entitled to," he said.
There is a 2.5 ounce limit every two weeks for each cardholder. Part
of the database will require a reliable tracking system to determine
inventories for the dispensaries as well as tight regulatory tracking
for patients.

"We don't want the inventory going out the back door into the
streets," said Humble, whose goal is to develop a system capable of
tracking marijuana seed from the time it's planted until it reaches a
patient's possession.

During the 120 days, the department will have to create the computer
system that allows for that kind of tracking. The system will need to
provide law enforcement with access to the system 24 hours a day,
seven days a week, to check cardholders, as well as handle the
record-keeping for dispensaries, physicians, inventory and applicants.

The law stipulates that all dispensaries must purchase their
inventory from a licensed cultivation facility within the state of
Arizona. The number of dispensaries will be tied directly to the
number of pharmacies in the state. Based on current figures, there
would be 124 eligible dispensary licenses, or one-tenth the number of
pharmacies. In addition, every county must have at least one dispensary.

Patients who live more than 25 miles from one of the dispensaries
will be allowed to grow their own marijuana plants, with a 12-plant
limit. Since the department's authority is limited to the dispensary
licenses and the cultivators that are tied to those licenses, Humble
said the department is still trying to determine how it's going to
monitor patients who are growing their own plants. It's one of many
unanswered questions the department is facing in the implementation process.

Asked if licensed pharmacists will be able to dispense medical
marijuana, Humble said a pharmacy could theoretically apply for a
dispensary license once the application process opens up.

As the 15th state in the nation to legalize medical marijuana, Humble
believes Arizona is in a good position to learn from the mistakes of
other states. Using Colorado as an example, he said there are doctors
who give patients marijuana recommendations after a 15-minute
appointment and $150 check. Humble hopes to prevent those kinds of
abuses in this state by defining a doctor-patient relationship that
will need to be followed before marijuana can be prescribed.

The department hopes to develop an "in-house" computer program in
order to save money and prevent residual costs. Staff time to set up
the system is anticipated to come in between $600,000 and $800,000,
which Humble says will be covered by fees that come through marijuana
users and sellers.

A responsible initiative will require a full partnership with
everyone, he added. It will involve inventory control, cardholders
with a legitimate medical condition, doctors recommending only those
patients with legitimate medical conditions, as well as cooperation
between state and federal law enforcement.

As state health officials continue to work through the implementation
process, Humble said many questions remain unanswered, including what
qualifies as chronic pain, where growers will legally get seeds for
the plants and how to track medical marijuana patients so abuses
don't become a widespread problem.

News of voter approval for the medical marijuana measure came Nov. 13
once provisional ballots were counted, winning by 4,341 votes.

Humble spelled out his timeline in a news conference Monday.

The Arizona Department of Health Services will be posting an initial
draft of its regulatory rules on Dec. 17, followed by a public
comment period. People will be able to comment on the informal draft
electronically, or in person at three public meetings in February.

The department expects to post the final regulations March 28 and
accept the first applications for medical marijuana cards and
dispensaries in April.