Arizona considers altering the 25-mile, no-grow rule

In the state of Arizona, medical cannabis patients were
stripped of their right to grow if they lived within 25 miles of a single
dispensary. Now, some Arizona cities may finally be allowed to grow medicine at
home, in the near future.

The 2010 Medical Marijuana Act currently allows patients to
have up to 2 ½ ounces of cannabis every two weeks, with a doctor’s
recommendation. However there’s a catch—the medicine must be purchased by a
state-regulated dispensary if patients live within 25 miles of one. During the
act’s initial approval, there were no legal dispensaries. Now, an estimated 98
percent of the state’s patients, around 56,000, are within range of a
dispensary. Currently, only two percent of medical cannabis patients are allowed
to grow the herb at home.

Last month however, one patient named Arlin Troutt, attempted
to renew his cultivation status. The Gold Canyon resident’s closest local
dispensary is 26 miles by road, but only eight miles “as the crow flies” (which
means the distance is in a straight line and unhindered by winding roads). The
judge on the case, Tammy Eigenheer, disagreed with the resident’s argument to
become exempt from the rule because of the distance he is located from the
dispensary. “While Mr. Troutt may have difficulty locating a product that is
suitable for his use, that does not necessitate a finding that he is entitled
to cultivate in violation of the statute and regulation,” Judge Eigenheer stated.

In fact, the act has been contested by a number of Arizonans
over the past few years. Ken Sobel, a Tucson attorney who has worked on many
cannabis cases in the area, thinks otherwise about the law and believes that it
should be based solely on highway or travel distance. “It will be a positive
thing because it will at least account for those folks that may technically be
within 25 miles (to a dispensary), but it may take them an hour to go that 25
miles,” Sobel stated.

While there’s no evidence that the rule currently in place
will be erased for good, it’s finally being considered to be altered in favor
of patients. Health State Director Will Humble agrees with all of the patients
who have tried to contest the law, and recently announced the potential change.
“So we’re in the process right now of revising our regulations. And in those
new revised regulations, we’re going to change that definition of 25 miles to
by the road,” Humble stated.

While the change seems small, it can matter a great deal to
patients who are forced to drive great distances to obtain medicine. It is
indeed good news for those who have fought for their right to grow their own
medicine, but the issue is still in discussion and could take up to a year to
finalize and discuss a decision.