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The author of this article is Richard Keyt, an Arizona business law attorney who is the creator of this Arizona medical marijuana law website. Connect with Richard at 480-664-7478 or on Google+

Arizona Court of Appeals Rules Medical Marijuana Act Doesn’t Give DUI Immunity

On October 21, 2014, the Second Division of the Arizona Court of Appeals issued an opinion in the case of Darrah vs. McClennen that answers the question”

“whether Arizona’s Medical Marijuana Act (“AMMA”) prohibits the State from prosecuting an authorized marijuana user for driving under the influence (“DUI”) pursuant to Arizona Revised Statutes (“A.R.S.”) section 28-1381(A)(3), which criminalizes driving while there is any prohibited drug or its metabolite in a person’s body. . . . we conclude that the AMMA does not give an authorized medical marijuana user immunity from prosecution.”

By |2017-02-04T07:38:59-07:00October 22nd, 2014|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off on Arizona Court of Appeals Rules Medical Marijuana Act Doesn’t Give DUI Immunity

Arizona GOP Lawmaker Wants to Legalize Pot

Arizona Republic:  “Now that Arizona’s once-rosy budget outlook has evaporated, a state lawmaker wants to decriminalize and tax marijuana as a way to raise revenue.  After seeing Colorado’s experience with legalization, Rep. Ethan Orr, R-Tucson, said Friday that lawmakers should get creative about how they’re going to confront the state’s dim finances when the Legislature convenes in January.”

By |2014-10-22T07:03:49-07:00October 22nd, 2014|AZ Legislation, Stories & Articles|Comments Off on Arizona GOP Lawmaker Wants to Legalize Pot

DOJ Attorney Wants to Decriminalize Possession of All Drugs

The Daily Signal:  “So who supports decriminalizing cocaine, heroin, LSD, methamphetamine, ecstasy and all dangerous drugs, including marijuana?  No, it’s not your teenage nephew. It’s President Obama’s new acting head of the Justice Department’s Civil Rights Division, Vanita Gupta. In 2012, Gupta wrote that “states should decriminalize simple possession of all drugs, particularly marijuana, and for small amounts of other drugs.”

By |2014-10-21T07:15:02-07:00October 21st, 2014|Legal Issues, Stories & Articles|Comments Off on DOJ Attorney Wants to Decriminalize Possession of All Drugs

Colorado Dentists Want Research on Pot & Cavities

CBS Denver:  “Pot smoking — and its stereotypical associations like munching on carbohydrates and other treats — seems like it’d be your teeth’s worst enemy.  And now some Colorado dentists are saying more research needs to be done on how smoking pot can affect dental health, including causing an increase in cavities.”

By |2014-10-20T07:47:23-07:00October 20th, 2014|Colorado News, Stories & Articles|Comments Off on Colorado Dentists Want Research on Pot & Cavities

Will Humble Wants to Medical Marijuana Tighten Rules

Tucson Daily Star:  “Arizona’s chief health officer wants to make it more difficult to add new conditions to the list for which doctors can recommend medical marijuana.  The change would require “clear and convincing evidence,” published in peer-reviewed scientific journals, that there is some benefit from the use of marijuana for the specified medical condition.  State Health Director Will Humble said that probably means multiple articles.”

By |2014-10-11T16:44:00-07:00October 11th, 2014|Stories & Articles, Will Humble Speaks|Comments Off on Will Humble Wants to Medical Marijuana Tighten Rules

Maker of Marijuana E-cigarettes Enters Arizona Market

Phoenix Business Journal:  “A Denver company that makes the equivalent of an electronic cigarette for marijuana use and sells cartridges, vaporizers and other products used by medical cannabis users is entering the Arizona market.  O.penVape is making Arizona its fifth U.S. market via a statewide distribution deal with Phoenix-based TruCann LLC.”

By |2014-10-11T16:38:18-07:00October 9th, 2014|Stories & Articles|Comments Off on Maker of Marijuana E-cigarettes Enters Arizona Market

Maricopa County Attorney Disputes Financial Benefits of Marijuana Legalization

Phoenix Business Journal:  “Maricopa County Attorney Bill Montgomery isn’t a big fan of Arizona’s voter approved medical marijuana law. And, he’s even less enthusiastic about a possible legalization push on the 2016 ballot.  Montgomery’s office disputes a recent study contending the legalization of cannabis would create a $300 million industry in Arizona and bring $70 million annually in tax revenue.”

By |2014-10-11T16:29:04-07:00October 8th, 2014|Stories & Articles|Comments Off on Maricopa County Attorney Disputes Financial Benefits of Marijuana Legalization

Arizona Marijuana Legalization Could Create $300M Industry

Phoenix Business Journal:  “Arizona has a potential $303 million marijuana market that could bring in as much as $70 million in tax revenue if the drug were legalized.  Financial research firm NerdWallet Inc. examined the potential market size and tax revenue impact if marijuana is legalized.”

By |2014-10-11T16:34:28-07:00October 1st, 2014|Stories & Articles|Comments Off on Arizona Marijuana Legalization Could Create $300M Industry

Pot Draws Homeless To Colorado for Work

CBS 4 Denver:  “Legal marijuana is luring pot tourists and business entrepreneurs to Colorado, and it’s also attracting another demographic: the homeless, some of whom trek to the state in hopes of landing a job in the industry.  ‘There’s an enormous migration, even a homeless movement, so to speak,’ David Spencer, a homeless man from Tennessee, said. ‘I figured this would be a good place to start over’.”

By |2014-09-26T07:22:35-07:00September 26th, 2014|Colorado News, Stories & Articles|Comments Off on Pot Draws Homeless To Colorado for Work

Medical Marijuana Brings Entrepreneurial Boom to Phoenix

Upstart Business Journal:  “Dustin Johnson isn’t your average drug dealer.  Despite a rigorous religious upbringing and an early career in real estate, he found his true calling as president of Monarch Wellness Center, Scottsdale’s only medical marijuana dispensary.”

By |2014-09-17T20:43:06-07:00September 17th, 2014|Stories & Articles, Video|Comments Off on Medical Marijuana Brings Entrepreneurial Boom to Phoenix

Buffett Sells Upper Deck, Room to Grow Pot

Bloomberg:  “Ice cream, candy and soft drinks helped make Warren Buffett a billionaire. Now a subsidiary of his Berkshire Hathaway Inc. is seeking to profit from pot.  Cubic Designs Inc., a unit of Berkshire’s MiTek business that makes platforms for maximizing usable floor space in warehouses, sent about 1,000 fliers to weed dispensaries in recent weeks, offering to help growers expand the number of plants they cultivate.

By |2014-09-13T07:07:37-07:00September 13th, 2014|Stories & Articles|Comments Off on Buffett Sells Upper Deck, Room to Grow Pot

Helicopter Phantoms Harvesting NorCal Marijuana Grows

CBS 5 KPIX:  “There’s been some mysterious activity in the skies over Mendocino County lately. Folks who live there want to know: Who are the armed men dropping out of helicopters to chop down their marijuana grows?  They dress in combat camouflage, some of them hide their faces. This summer, a group of men in Mendocino County loaded into helicopters and flew missions to eradicate marijuana. They’re not police officers. They work for a security company called Lear Asset Management.”

By |2014-09-13T07:04:50-07:00September 13th, 2014|California News, Stories & Articles|Comments Off on Helicopter Phantoms Harvesting NorCal Marijuana Grows

Berkeley to Pay for Pot for Low Income People

Huffington Post:  “A California city is offering a unique benefit for low-income residents: free marijuana.  Starting next summer, Berkeley residents who earn less than $32,000 per year (or $46,000 per family) and have a prescription for medical marijuana will be able to get it for free from one of the dispensaries operating within the city.  Under a law passed unanimously by the city council, dispensaries must set aside 2 percent of their pot for distribution to the poor.”

By |2014-09-06T07:04:56-07:00September 6th, 2014|California News, Stories & Articles|Comments Off on Berkeley to Pay for Pot for Low Income People

People Sue to Grow Medical Marijuana w/i 25 Miles of a Dispensary

Yourwestvalley.com:  “State health officials are facing a new legal challenge over a provision in the voter-approved Medical Marijuana Act that bars those who live within 25 miles of a dispensary from growing their own plants.  The lawsuit filed in Maricopa County Superior Court contends giving some the right to grow but not to others is a violation of the Equal Protection Clause of the U.S. Constitution. Billy B. Hayes, who is not at attorney but filed the legal papers on behalf of himself and others, also contends the system gives dispensary operators a monopoly in violation of state constitutional provisions.”

 

By |2017-10-07T09:56:02-07:00September 4th, 2014|AZ Marijuana Law Lawsuits, Video|Comments Off on People Sue to Grow Medical Marijuana w/i 25 Miles of a Dispensary

States Prep for Marijuana DUIs

Christian Science Monitor:  “As states liberalize their marijuana laws, public officials and safety advocates worry that more drivers high on pot will lead to a big increase in traffic deaths. Researchers who have studied the issue, though, are divided on the question.  Studies of marijuana’s effects show that the drug can slow decision-making, decrease peripheral vision and impede multitasking, all of which are critical driving skills. But unlike with alcohol, drivers high on pot tend to be aware that they are impaired and they try to compensate by driving slowly, avoiding risky actions such as passing other cars, and allowing extra room between vehicles.”

By |2014-09-04T20:01:13-07:00September 1st, 2014|Marijuana Crimes, Video|Comments Off on States Prep for Marijuana DUIs

Holbrook Warehouse Will be a Marijuana Grow Facility

Arizona Journal:  “A medical marijuana cultivation facility under construction at the former Golden Eagle warehouse at the west end of Holbrook is expected to employ at least 20 people when operations begin.  City Manager Ray Alley explained that he has been working with representatives from Natural Herbal Remedies to issue the proper building permits for the remodeling work taking place inside the building.”

By |2019-06-14T08:28:45-07:00August 23rd, 2014|Stories & Articles|Comments Off on Holbrook Warehouse Will be a Marijuana Grow Facility

Medical Marijuana Advocates Appeal State Rules on PTSD Patients

Arizona Public Media:  “An advocacy group is appealing terms set by the state Department of Health Services on post-traumatic stress disorder patients seeking medical marijuana for treatment. . . . . Tucson Lawyer Ken Sobel, who represents the Arizona Cannabis Nurses Association, argued Humble had no authority to add those rules, and he filed an appeal to those conditions this week to the Maricopa County Superior Court on behalf of the AZCNA.”

By |2014-08-23T08:04:46-07:00August 21st, 2014|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off on Medical Marijuana Advocates Appeal State Rules on PTSD Patients

Sheriff Busts Maricopa County Marijuana Dispensary

azfamily.com:  “Deputies from the Maricopa County Sheriff’s Office have arrested 12 people in a medical marijuana investigation. . . . Detectives have seized $44,317.00, 8 handguns, 55 pounds of medical grade marijuana, 20 pounds of marijuana edibles, 5 vehicles, safes, televisions, computers and tablets from the business and employees’ residences. . . . Arpaio said the suspects opened a shop called Alternative Medicine Group (AMG) and sold medical grade marijuana as a dispensary with no license or authority from the state to do so.”

By |2017-02-04T07:38:59-07:00August 18th, 2014|Marijuana Crimes, Stories & Articles|Comments Off on Sheriff Busts Maricopa County Marijuana Dispensary

Santa Ana’s Great Pot Raid

OC Weekly:  “After years of doing nothing to stop dispensaries from coming to town, the police crack down. . . . Aloha was one of the first dispensaries to be raided that afternoon, so the paddy wagon was otherwise empty on the short ride to the Santa Ana Jail. They could consider themselves lucky: Nearly 70 people would be arrested that day, many of whom would complain about cramped, even dangerously overheated conditions in the vehicle and, later, the city jail.  Some 24 dispensaries were targeted by Santa Ana cops throughout the afternoon. Seven were already closed when officers arrived, staff at another managed to flee the location before they could be arrested, and 16 others were successfully raided, according to a SAPD list obtained by the Weekly. A total of 68 people were cited as being in violation of the city’s municipal code banning the owning or operating of, as well as volunteering at, a cannabis dispensary.

By |2019-06-14T08:28:44-07:00August 14th, 2014|California News, Marijuana Crimes, Stories & Articles|Comments Off on Santa Ana’s Great Pot Raid

Ability to Grow Own Medicinal Marijuana Restricted

East Valley Tribune:  “Medical marijuana users have no right to grow their own plants once a dispensary moves within 25 miles as the crow flies, a state hearing officers concluded Tuesday. But some rural residents may get to start cultivating again next year.  Tammy Eigenheer rejected arguments by Arlin Troutt that the 25-mile rule, part of the original 2010 voter-approved Arizona Medical Marijuana Act, violates his constitutional rights because it allows others living outside the zone to continue to cultivate the drug.”

 

By |2014-08-14T21:07:51-07:00August 13th, 2014|AZ Marijuana Law Lawsuits, Legal Issues, Stories & Articles|Comments Off on Ability to Grow Own Medicinal Marijuana Restricted

Arizona Medical-Marijuana Patients Could Buy Pot in Nevada Dispensaries

Phoenix New Times:  “Medical-marijuana patients from Arizona and other states could shop legally at as-yet-unopened Nevada dispensaries under a plan being developed by Nevada authorities.  Chad Westom, bureau chief of the Nevada Division of Public & Behavioral Health, said on Monday that his state’s new medical-marijuana program will honor Arizona registration cards.”

By |2017-02-04T07:38:59-07:00August 12th, 2014|Stories & Articles|Comments Off on Arizona Medical-Marijuana Patients Could Buy Pot in Nevada Dispensaries

SEC Charges Four Promoters with Manipulating Marijuana-Related Stocks

The following is the text of an August 5, 2014, Securities & Exchange Commission press release:

“The Securities and Exchange Commission today charged four promoters with ties to the Pacific Northwest for manipulating the securities of several microcap companies, including marijuana-related stocks that the agency has warned investors about in recent weeks.

The SEC alleges that the four promoters bought inexpensive shares of thinly traded penny stock companies on the open market and conducted pre-arranged, manipulative matched orders and wash trades to create the illusion of an active market in these stocks.  They then sold their shares in coordination with aggressive promotional campaigns that urged investors to buy the stocks because the prices were on the verge of rising substantially.  However, these companies had little to no business operations at the time. The promoters reaped more than $2.5 million in illegal profits through their schemes.

Two of the companies manipulated in this case – GrowLife Inc. and Hemp Inc. – claim to be related to the medical marijuana industry.  The SEC has issued an investor alert warning about possible scams involving marijuana-related investments, noting that fraudsters often exploit the latest growth industries to lure investors into stock manipulation schemes.  Other schemes by these four promoters involved an oil-and-gas company – Riverdale Oil and Gas Corporation – and three other microcap stocks, ISM International, Allied Products Corp, and Aden Solutions.

The SEC was able to unearth the schemes through the work of its recently created Microcap Fraud Task Force.

“Our Microcap Fraud Task Force is taking direct aim at abusive practices and serial violators within the microcap markets like these four promoters seeking to exploit retail investors for personal gain,” said Michael Paley, co-chair of the SEC’s Microcap Fraud Task Force.  “In this case, we meticulously reviewed trading records and developed the evidence necessary to connect these four promoters and their coordinated trading efforts.”

The SEC’s complaint filed in federal court in Tacoma, Wash., charges the following individuals:

  • Mikhail Galas, a stock promoter who lives in Vancouver, Wash.
  • Alexander Hawatmeh, a member of Worthmore Investments LLC, which owns a stock promotion website called stockhaven.com.  He formerly lived in Vancouver and currently resides in Lincoln City, Oregon.
  • Christopher Mrowca, a stock promoter who operates Money Runners Group LLC, which has an affiliated stock promotion website called MoneyRunnersGroup.com.  He lives in Bradenton, Fla.
  • Tovy Pustovit, who owns a stock promotion website called Explosive Alerts.  He also lives in Vancouver.

In a parallel action, the U.S. Attorney’s Office for the Western District of Washington announced criminal charges against Galas, Hawatmeh, and Mrowca.

According to the SEC’s complaint, GrowLife Inc. was part of a broader online promotion of several marijuana-related stocks in early 2014.  Mrowca specifically promoted GrowLife through his Money Runners Group website and predicted that the stock price would nearly double.  Mrowca, Galas, and Hawatmeh meanwhile engaged in manipulative trading designed to increase the price and volume of GrowLife stock, and they later sold their shares for illicit profits.

Similarly, the SEC alleges that Hawatmeh, Galas, and Mrowca bought and sold approximately 41.7 million shares of Hemp Inc. in January and February 2014 while the stock was actively promoted on the Internet.  For example, one Internet tout on February 6 claimed that Hemp could reach “a REAL Possible Gain of OVER 2900%.”  During the promotion, Hawatmeh, Mrowca, and Galas engaged in manipulative wash trades and matched orders to manipulate Hemp’s common stock before selling their shares for illegal gains.

“This was a carefully planned operation by Galas, Hawatmeh, Mrowca, and Pustovit to distort the performance of specific penny stocks as they were simultaneously promoted through social media and the Internet.  As the companies’ stock prices increased, these four promoters opportunistically dumped their shares for illicit gains,” said Amelia A. Cottrell, associate director in the SEC’s New York Regional Office.

The SEC’s complaint charges Galas, Hawatmeh, Mrowca and Pustovit with violating antifraud provisions of the federal securities laws.  The SEC seeks temporary, preliminary, and permanent injunctions along with an emergency asset freeze, disgorgement, prejudgment interest, financial penalties, and orders barring the promoters from participating in a penny stock offering.

The SEC’s complaint names Nadia Hawatmeh as a relief defendant for the purposes of recovering ill-gotten gains in her brokerage account, which was used by the promoters to conduct some of their manipulative trades.

The SEC’s investigation has been conducted by Michael Paley, Eric M. Schmidt, Mona Akhtar, Joseph Darragh, and Tejal Shah.  The case was supervised by Ms. Cottrell, and the litigation will be led by David Stoelting.  The SEC appreciates the assistance of the U.S. Attorney’s Office for the Western District of Washington, the Federal Bureau of Investigation, and the Financial Industry Regulatory Authority.

By |2017-02-04T07:38:59-07:00August 5th, 2014|Legal Issues, Medbox, Stories & Articles, Zoned Properties & Duke Rodriguez|Comments Off on SEC Charges Four Promoters with Manipulating Marijuana-Related Stocks

New York Times Rejects the Anti-Marijuana Propaganda It Peddled

Forbes:  “According to a recent poll by the Pew Research Center, 54 percent of American adults support marijuana legalization. That’s around 130 million people. It turns out that some of them are members of the New York Times editorial board, which on Sunday declared that “the federal government should repeal the ban on marijuana.”  Given its timing, the paper’s endorsement of legalization is more an indicator of public opinion than a brave stand aimed at changing it.

By |2014-08-03T07:38:38-07:00August 3rd, 2014|Stories & Articles|Comments Off on New York Times Rejects the Anti-Marijuana Propaganda It Peddled

Arizona Court Rules Probation No Bar to Medical Marijuana Use

Arizona Daily Star:  “The state cannot prohibit someone from using medical marijuana because that person is on probation, even for drug charges, the state Court of Appeals ruled Friday.  Appellate Judge Peter Eckerstrom said that when voters approved the Arizona Medical Marijuana Act in 2010, they declared those with a doctor’s recommendation and the required state-issued ID card are not subject to ‘arrest, prosecution or penalty in any manner, or denial of any right or privilege’.”

By |2017-02-04T07:38:59-07:00July 28th, 2014|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off on Arizona Court Rules Probation No Bar to Medical Marijuana Use

Repeal Prohibition, Again

New York Times:  “It took 13 years for the United States to come to its senses and end Prohibition, 13 years in which people kept drinking, otherwise law-abiding citizens became criminals and crime syndicates arose and flourished. It has been more than 40 years since Congress passed the current ban on marijuana, inflicting great harm on society just to prohibit a substance far less dangerous than alcohol.  The federal government should repeal the ban on marijuana.”

The Times editorial board wants the U.S. to legalize marijuana and has a six part series on marijuana.

 

By |2014-08-03T07:32:23-07:00July 28th, 2014|Stories & Articles|Comments Off on Repeal Prohibition, Again

Judge Says Pot Patient Can Sell Marijuana to Another Patient

Phoenix New Times:  “Arizona’s medical-marijuana law is so vague, the state can’t prosecute patients who sell pot to other patients, a Pima County Superior Court judge has ruled. . . . The case began with the October 8, 2013, indictment of Jeremy Allen Matlock on three felony counts in connection with the sale and growing of marijuana.”

See “Ruling could pave way for medicinal marijuana patients to sell drug to one another.”

See also my June 24, 2011, article on this subject called “Can a Person Who Holds an Arizona Medical Marijuana Patient Card Sell Marijuana to Another Arizona Licensed Patient or Caregiver?”

By |2017-02-04T07:38:59-07:00July 23rd, 2014|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off on Judge Says Pot Patient Can Sell Marijuana to Another Patient

Welfare Cash for Weed in Colorado

National Review:  “For the past six months, welfare beneficiaries in Colorado have repeatedly withdrawn their cash benefits at marijuana retailers and dispensaries . . . . Such apparent abuses have caught the eye of Colorado’s executive and legislative powers alike, and the state has launched an effort to curb them.  At least 259 times in the first six months of legalized recreational marijuana in Colorado, beneficiaries used their electronic-benefit transfer (EBT) cards to access public assistance at weed retailers and dispensaries, withdrawing a total of $23,608.53 in Temporary Assistance for Needy Families (TANF) cash, NRO’s examination found.

By |2014-07-22T18:51:12-07:00July 22nd, 2014|Colorado News, Stories & Articles|Comments Off on Welfare Cash for Weed in Colorado

Colorado Underestimated Pot Demand

USA Today:  “A study on the Colorado marijuana market is providing economists and business professionals an inside look at the pot industry for the first time. Regulators in the Centennial State have released the brief for the Colorado Department of Revenue, which reveals a number of interesting items, including that Coloradans are consuming a lot more cannabis than was previously estimated. . . . What is the major takeaway from the study? That folks in Colorado are consuming a lot of marijuana

By |2014-07-21T19:28:28-07:00July 21st, 2014|Colorado News, Stories & Articles|Comments Off on Colorado Underestimated Pot Demand
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