Will Humble said the following on his blog on February 27, 2012:
As you know from earlier blog posts a judge ruled in a state case that had challenged our dispensary applicant selection criteria. The judge’s decision basically struck down several of the selection criteria we had been planning to use to for competitive areas of the state (areas where there will be more than 1 applicant per Community Health Analysis Area).
Last week our team finished the revisions to the regulations by making adjustments to comply with the judge’s decision and to set a process for identifying a new timeline for accepting dispensary applications. We’ve shipped the revised rules to the Attorney General’s Office for final review. Once their review is complete, the AG’s office will file the final package with the Secretary of State- and the revised rules will become immediately effective.
I’ve heard that there’s a buzz in the community that we’re completely revamping the rules for dispensaries. This is not the case. We’ve simply made revisions to comply with the recent Superior Court Ruling. We’re still on track to be able to accept dispensary applications in April. We’d then have about 45 days to review and award dispensary certificates- so we could potentially award up to 125 dispensary certificates by mid- to late-June. If someone is pretty much ready to go at that point, we could see medical marijuana dispensaries operating in July or August.
P.S. There have been a couple of new lawsuits filed against the Department in the last couple of weeks. One challenges our authority to require a medical director at dispensaries and one challenges other aspects of the rules and the initiative language itself. It’s unclear whether these cases will impede our progress in getting the dispensaries licensed- but I’m going to do everything I can administratively and otherwise to make sure the dispensary licensing goes forward as planned.
Mr. Humble,
Making statements that you cannot enforce is only digging a bigger whole and more lawsuits for the AHDS. Your assumptions that now you can go forward with dispensary applications regardless of the lawsuits still pending is erroneous and is causing investors, landlords, patients, and dispensary applicants to again spend money in preparation of dispensary applicatons. The last time many investors spent $1000’s based on assumptions you made and it is happening again to those who are preparing. Only a judge can determine if the dispensary portion of the AMMA can continue before these lawsuits are settled. I predict that if you proceed with the rules and regulations as they are now, a plethora of additional lawsuits will be filed. Is the lawsuit brought by Governor Jan Brewer the only lawsuits you will recognize? The ADHS has exceeded it’s authority in many areas of AMMA. The $150,000 rule is descrimnatory, the lottery system is ripe for lawsuits, The AMMA gives you no authority to create the Medical Directors position which is a figure-head position that holds no value to the patients and only adds additional crippling costs to a dispensary business that will already be forced to provide high cost medicine to patients to cover the strictive rules and regulations you have forced upon them. Does Walgreen’s need a Medical Director to proivde Oxycontin? The patients can consult with their own doctor, a nurse practioner, or the recommending doctor. We realize that Jan Brewer’s attempt to stop the dispensaries backfired on all of you, as her lawsuit halted dispensaries but created thousands of patients that can grow on their own or have a caregiver. Now you are trying to slap this together, ignore all the lawsuits, and force this through. You cannot put that rabbit back in the hat. The giants were sleeping while Jan played games with the citizens law, and now they are awakening. I do not envy your position, I believe that if you had a choice you would probably create a model cannabis program that could be the envy of the nation, but your boss has put you and the ADHS smack in the middle of the state vs the people, and you are the sacrificial lamb in the lions den.