By Howard Fischer | Capitol Media Services/Arizona Daily Sun
Two Arizona men are arguing that a 2010 voter-approved measure designed to at- tack the federal Affordable Care Act gives them a constitutional right to grow their own medical marijuana.
Keith Floyd and Daniel Cassidy contend in a lawsuit filed in Maricopa County Superior Court that the state cannot require that medical marijuana recipients can obtain their drug only from a dispensary if they live within 25 miles of any of the state’s licensed facilities. Their attorney, Michael Walz, argues that requirement runs afoul of language now in the Arizona Constitution which prohibits any law that requires any- one to “participate in any health care system.”
Walz said it’s a matter of free choice.
A ruling in his favor could have broad effects.
Most immediately, it would mean that the approximately 95 percent 40,000 medical marijuana cardholders who now live near a dispensary would not need to pay the $250 an ounce — or more — now being charged by dispensaries.
Instead, they could grow up to 12 plants for their own use right at home.
It also could undermine the financial plans of those who have invested thousands of dollars to get one of the limited number of dispensary licenses the state is granting, and many times more than that to set up shop.
If you’d like to discuss medical marijuana, contact Ryan Hurley, director of the Rose Law Group Medical Marijuana Dept. rhurley@roselawgroup.com
