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Arizona Laws as of 1998

Arizona's current law states that physicians may prescribe marijuana to patients when they have a second doctor's concurring opinion. However, because the law uses the word "prescribe" rather than "recommend." Because of this narrow language, patients do not have legal protection. Prescriptive authority is controlled by the federal government, which does not permit marijuana prescriptions. Therefore, a valid prescription cannot be obtained. The conflicts with federal law prohibit AZ. doctors from prescribing any Schedule I drug. So far no Arizona physicians are willing to recommend marijuana to patients. There are no set limits on how much a patient can cultivate or possess. Patients who suffer debilitating or life threatening conditions are covered under the state law.

 

 

 

 

2004

States' Rights to Medical Marijuana Act (Introduced in House)

HR 2233 IH

108th CONGRESS

1st Session

H. R. 2233

To provide for the medical use of marijuana in accordance with the laws of the various States.

IN THE HOUSE OF REPRESENTATIVES

May 22, 2003

Mr. FRANK of Massachusetts (for himself, Mr. PAUL, Mr. ROHRABACHER, Ms. SCHAKOWSKY, Mr. ANDREWS, Ms. BALDWIN, Mr. BLUMENAUER, Mr. CAPUANO, Mr. CASE, Mr. CONYERS, Mr. DELAHUNT, Ms. ESHOO, Mr. FARR, Mr. HINCHEY, Mr. HONDA, Ms. LEE, Mr. MCDERMOTT, Mr. GEORGE MILLER of California, Mr. NADLER, Ms. NORTON, Mr. SANDERS, Mr. STARK, Mr. THOMPSON of California, Mr. WAXMAN, and Ms. WOOLSEY) introduced the following bill; which was referred to the Committee on Energy and Commerce


SECTION 1. SHORT TITLE.

 

    This Act may be cited as the `States' Rights to Medical Marijuana Act'.

 

SEC. 2. CONTROLLED SUBSTANCES ACT.

 

    (a) SCHEDULE- Marijuana is moved from schedule I of the Controlled Substances Act to schedule II of such Act.

 

    (b) PRESCRIPTION OR RECOMMENDATION-

 

      (1) IN GENERAL- No provision of the Controlled Substances Act shall prohibit or otherwise restrict--

 

        (A) the prescription or recommendation of marijuana by a physician for medical use,

 

        (B) an individual from obtaining and using marijuana from a prescription or recommendation of marijuana by a physician for medical use by such individual, or

 

        (C) a pharmacy from obtaining and holding marijuana for the prescription or recommendation of marijuana by a physician for medical use under applicable State law

 

      in a State in which marijuana may be prescribed or recommended by a physician for medical use under applicable State law.

 

      (2) PRODUCTION- No provision of the Controlled Substances Act shall prohibit or otherwise restrict an entity established by a State, in which marijuana may be prescribed or recommended by a physician for medical use, for the purpose of producing marijuana for prescription or recommendation by a physician for medical use from producing and distributing marijuana for such purpose.

 

SEC. 3. FEDERAL FOOD, DRUG, AND COSMETIC ACT.

 

    (a) IN GENERAL- No provision of the Federal Food, Drug, and Cosmetic Act shall prohibit or otherwise restrict--

 

      (1) the prescription or recommendation of marijuana by a physician for medical use,

 

      (2) an individual from obtaining and using marijuana from a prescription or recommendation of marijuana by a physician for medical use by such individual, or

 

      (3) a pharmacy from obtaining and holding marijuana for the prescription or recommendation of marijuana by a physician for medical use,

 

    in a State in which marijuana may be prescribed or recommended by a physician for medical use under applicable State law.

 

    (b) PRODUCTION- No provision of the Federal Food, Drug, and Cosmetic Act shall prohibit or otherwise restrict an entity established by a State, in which marijuana may be prescribed or recommended by a physician for medical use, for the purpose of producing marijuana for prescription or recommendation by a physician for medical use from producing and distributing marijuana for such purpose.

 

SEC. 4. RELATION OF ACT TO CERTAIN PROHIBITIONS RELATING TO SMOKING.

 

    This Act does not affect any Federal, State, or local law regulating or prohibiting smoking in public.

     

     

     

 
 

1998
The Current Law is Symbolic:(ARS 13-3¢12.01) Similar to other state medical marijuana initiatives, but uses the word "prescribe" rather than "recommend." Therefore, a valid prescription cannot be obtained.

H.B. 2518 was signed by the governor on April 21, 1997, to repeal the medical marijuana provision of Prop. 200. H.B. 2518 requires the FDA to approve the medical use of marijuana before Arizona physicians can prescribe it. To prevent H.B. 2518 from taking effect, the sponsors of Prop. 200 qualified another ballot proposal (Prop. 300) that would allow the medical marijuana provision of Prop. 200 to remain in effect. On Nov. 3, 1998, Arizona voters voted "no" to the legislature's law by rejecting Prop. 300 (57% opposed, 43% in favor) and thus upholding the medical marijuana statute.

The medical marijuana provisions of Proposition 200 were only a small part of this more comprehensive drug policy reform initiative, which is effectively keeping many low-level, nonviolent drug offenders out of prison.

History: A medical marijuana (and THC) research law -- which was never operational -- for cancer and glaucoma research (§36-2601), enacted on April 22, 1980 (H.B. 2020; Ch. 122), expired on June 30, 1985. Director of the Department of Health Services authorized to appoint a Patient Qualification Review Board; PQRB was authorized to review patients and doctors for participation in the program; University of Arizona was to obtain marijuana or THC from NIDA. S.B. 1023 in 1981 (ch. 264) moved the therapeutic research program provisions from §36-1031 to §36-2601.

Had a dual scheduling scheme for marijuana, but the provisional Schedule II marijuana provision was ultimately replaced with a permanent Schedule II provision for THC.


Current Laws for the use of Medical Marijuana in Arizona as of 1998

ARS 13-3¢12.01 . Prescribing controlled substances included in schedule I for seriously ill and terminally ill patients
A. Notwithstanding any law to the contrary, any medical doctor licensed to practice in this srate may prescribe a controlled substance included in schedule I as prescribed by section 36-2512 to treat a disease, or to relieve the pain and suffering of a seriously ill patient or terminally ill patient, subject to the provisions of this section. In prescribing such a controlled substance, the medical doctor shall comply with professional medical standards.
B. Notwithstanding any law to the contrary, a medical doctor shall document that scientific research exists which supports the use of a controlled substance listed in schedule I as prescribed by section 36-2512 to treat a disease, or to relieve the pain and suffering of a seriously dl patient or a terminally ill patient before prescribing the controlled substance. A medical doctor prescribing a controlled substance included in schedule I as prescribed by section 36-2512 to treat a disease, or to relieve the pain and suffering of a seriously ill patient or terminally ill patient, shall obtain the written opinion of a second medical doctor that prescribing the controlled substance is appropriate to treat a disease or to relieve the pain and suffering of a seriously ill patient or terminally ill patient. The written opinion of the second medical doctor shall be kept in the patient's official medical file.
Before - prescribing the controlled substance included in schedule I as prescribed by section 36-2512 the medical doctor shall receive in writing the consent of the patient.


MARIJUANA HAS BEEN PROVEN TO:
Relieve migraine headaches, Stop the advancement of glaucoma, Control spastieiry from multiple sclerosis (MS) and paralysis, Alleviate nausea and pain associated with cancer chemotherapy treatments. Marijuana also helps in other cases of severe nausea.
Block epileptic seizues, Relieve the pain of arthritis and rheumatism, and help other chronic pain diseases. Helps in anorexia nervosa and other loss of appetite diseases. Work as a back spasm medicine. Marijuana is the best relaxant of muscles short of morphine. Relieves asthma attacks and improves breathing. Helps people with AIDS relieve stress and depression,
reduce pain, eliminate nausea, stimulate appetite. Help overcome. stress, anxiety, insomnia, deepens sleep. Help alleviate the symptoms of withdrawal from alcohol and narcotics. Have antimicrobal and antib-teri effects.

 

 


Marijuana can be aquired by paitents and their caregivers who are in compliance with ARS 13-3412.01

 
     
 

 


 

 

 

 

Last Update - Tuesday December 30, 2003 0:02 AM

 

 
 

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