Patients and industry professionals alike let out a collective sigh of relief as the Arizona Supreme Court officially ruled cannabis concentrates legal Tuesday, May 28. Judges ruled unanimously in a 7-0 decision that the 2010 Arizona Medical Marijuana Act clearly allows cannabis extracts.

The opinion closes a tumultuous chapter in Arizona cannabis legality that Downtown Dispensary owner Moe Asnani described as “an emotional rollercoaster.”

“The weight of the world is off my shoulders,” Asnani said. “We fought it and prevailed.”

Justices made a straight-forward call, said Alex Lane, criminal defense attorney and owner of Cave Creek Dispensary.

“We start with the statutory language,” the opinion reads. “Because AMMA specifically defines ‘marijuana,’ we apply the statutory definition and look to neither the criminal code nor common understanding.”

Much of the prosecution’s case rested on the idea that “cannabis” is defined as a narcotic in the Arizona Revised Statutes, and that voters did not realize they were voting for concentrates in the AMMA. The Supreme Court shot down that argument.

Harvest of Arizona owner and Arizona Dispensaries Association president Steve White said he feels a combination of relief and vindication.

“Patients in Arizona are going to continue to have options beyond just smoking the flower,” he said. “So we can continue to serve people who don’t want to smoke cannabis flower.”

The saga of questioning cannabis concentrates began with the 2014 conviction of Rodney Jones who was already on probation. Jones had been found guilty of legally possessing cannabis concentrates, but Yavapai County Attorney Sheila Polk saw it as an opportunity.

Polk, a long-time cannabis opponent prosecuted the case and Jones spent two-and-a-half years in prison without committing a crime.

With 4/20 on the horizon, it’s once again time to crown new winners in the Weekly’s fourth annual Cannabis Bowl! As in previous years, we are asking readers to let us know their favorite dispensaries, budtenders, concentrates, edibles and more.

Deadline to cast a ballot is midnight Sunday, March 17.

A few ground rules:

• In the Best Budtender category, please include the name of your favorite budtender as well as the name of the dispensaries where they tend bud.

• When voting for best concentrates and edibles, please sure to name a brand and not a strain.

• We have a new essay question: Tell us your favorite strains of flower in 100 words or less! If we really like your essay, we’ll run it in our 4/20 edition.

• You can only vote once—and we can catch multiple votes from the same IP address, so don’t bother trying. Stuff bowls, not ballots!

VOTE NOW!

The Arizona Court of Appeals ruled in a 2-1 decision Tuesday, June, 26, that cannabis extracts are illegal under Arizona law.

But don’t panic yet. Industry insiders and professionals seem to have arrived at the consensus that the court made such a heinous decision that the Arizona Supreme Court will reverse it, and extracts will remain on the shelves in the meantime.

“Cannabis will prevail,” said Mikel Weisser, director of Arizona NORML. “I cannot see us losing—it doesn’t seem like a logical conclusion.”

The decision to appeal to the Arizona Supreme Court lies with the defendant, and the Arizona Cannabis Bar Association has already reached out to offer assistance in the appeal, said Gary Smith, president of ACBA.

The court’s decision hinges on a legal discrepancy between the definitions of “marijuana” and “cannabis.”

The Appellate Court decision refers to the Arizona Medical Marijuana Act definition of marijuana, which refers to “the genus cannabis” and defines “usable marijuana” as “the dried flowers of the marijuana plant, and any mixture or preparation thereof.”

Court cases concerning concentrates often cite the clause, but judges and lawyers rarely seem to come to an agreement on what the clause means. To most people who work in the industry, the clause undoubtedly protects concentrates as a “preparation” of cannabis.

However, the Arizona Attorney General’s Office argues that “possession and use of cannabis is not protected by AMMA because it is neither marijuana nor a preparation thereof.”

The state defaults to a 1973 definition of cannabis as “the resin extracted from any part of a plant of the genus cannabis.”

According to the court’s opinion, the AMMA does not overwrite the definition of cannabis under state law. Cannabis, meaning just about anything other than bud, remains a “narcotic drug,” according to the state’s drug schedule and carries a class four felony punishment.

Furthermore, the court states its “primary objective” is to support the intent of voters who approved the AMMA and does not believe extracts were considered when voters legalized medical marijuana in 2010.

Thanks to the legalization of marijuana across various states, perception isn't the only thing that's changing. New state of the art technology allows for optimal control, allowing Master Growers to produce cannabis with specific medical benefits and effects. Want to have deep conversations with friends? Run a 5k? Give a presentation to the board? Enjoy more connected down-time with your kids? There are strains for that. With this newfound technology also comes a better understanding of this powerful plant's constituents. Cannabis used to come unlabeled in a ziploc bag, but companies like PuraEarth have elevated the playing field by subjecting all of their products to multiple state lab tests and proudly publishes the results for patients. Effectively, remedying the "grey area" with cannabis. Producing medicine patients can trust, that they know is safe. PuraEarth's transparency extends further than testing. Patients can reference the education tab on their website for more information, including how to obtain a medical marijuana patient card.

Modern-day marijuana patients are able to combine in-depth information with a desired effect, and unleash a plethora of experiences. Sure, this may bring back images of the '70s and '80s "Just Say No" days of anti-pot propaganda, where the plant is misunderstood and stigmatized for encouraging slacker behavior. The old slang about cannabis is changing, and for good reason. Some companies are even encouraging cannabis use at work. Take Flowhub for instance, a Colorado-based software company, who allows employees to consume edibles, juices, and sodas that contain THC. In an interview with CNN, Flowhub founder Kyle Sherman said, "Our philosophy at Flowhub is to get s*** done, If [cannabis] helps our employees get work done, then we don't care if they consume at work."

Modern, forward-thinking companies aren't the only ones opening up to cannabis use. UltraMarathoner, Carolyn Ford, says cannabis consumption makes her 100+ mile training sessions more bearable. "Running while stoned is therapeutic" Ford says, "It helps me concentrate on small movements of my body." Carolyn Ford isn't the only athlete talking about cannabis. Former Philadelphia Flyers left wing, Riley Cote, said his hockey career was like "getting punched in the face for a living," and he found unmatched pain relief with cannabis. After retiring from professional hockey in 2010, Cote founded the Hemp Heals Foundation, an organization focused on sustainable agriculture and holistic health through cannabis.

As with all things in life, cannabis is best consumed in moderation. Hal Gibbs, Founder and President of PuraEarth, a cutting edge cannabis concentrates company based in Phoenix, recommends patients start with 1-2 puffs of the Uncut vape cartridge for optimum motivation. "Our vapes are great because patients can easily take small and controlled micro-doses. Pura patients don't worry about wasting medicine, like they might after packing a full bowl or rolling a joint. On top of that, nicotine vapes are becoming increasingly common, so patients are not at risk of standing out with our Uncut vape cartridge product line. There is also no marijuana smell so the (vape) pens are incredibly discrete," Gibbs said. "We encourage our patients to live a life that is fueled by cannabis, with the right combination of knowledge and dose, cannabis can be the spark that lights the flames of success."

Starting in April of 2018, PuraEarth began their "Puradise" campaign, a movement that encourages it's cannabis patients to live enriched lives with passion and confidence. "Cannabis makes the greens greener and the blues bluer, and releases our patients from the burden of their ailment. I think everyone can benefit from a cannabis lifestyle."

PuraEarth premium products can be found at the following dispensaries spanning the greater Tucson area:

The Prime Leaf
4220 E Speedway Blvd
Tucson, AZ 85712

Botanica
6205 N Travel Center Dr
Tucson, AZ 85741

Green Halo
7710 S Wilmot Rd.
Tucson, AZ 85706

Hana Green Valley
1732 W Duval Commerce Point Pl
Green Valley, AZ 85614

Over here at Weedly World Central we are getting read for round two of the Cannabis Bowl.

If you are a card-carrying Medical Marijuana patient, it's time for you to tell us about your favorite dispensaries, strains and products. It doesn't take as long as Best of Tucson, and the survey deadline is around the corner—April 7.

Results will be printed in next month's Tucson Weedly 420 issue, which happens to come out on, yep, April 20.

Vote here.

 
Want to drive up with Phoenix and spend the weekend learning all about the cannabis business? We've got tickets to the Southwest Cannabis Conference + Expo where you can do just that.

SWCC Expo will be an electric environment for industry members, entrepreneurs, local leaders, companies, job seekers and curious individuals to come learn about the rapidly expanding cannabis industry and our changing culture. This years convention will focus on the potential transitions and changes coming in Arizona marijuana policy in 2016.  

The conference will be at the Phoenix Convention Center (100 N. 3rd Street). 

If you want attend, swing by our office (7225 N. Mona Lisa Road #125) and pick up some tickets. Our office is open Monday through Friday, 8:15 a.m. to 5 p.m.

While you're at the event, find the Tucson Weekly booth, where we'll be giving out the rest of our stash of environmentally conscious condoms.

There's an estimated 90,000 people in Arizona with medical marijuana cards, making company and employment policies surrounding cannabis use a hot topic of discussion. What can and can't employers ask of their card-carrying employees?

Find out at the free information seminar Lovitt & Touché Learning Academy (7202 E. Rosewood Street #200)
is hosting on Thursday, Sept. 29. The seminar will run for an hour starting at 9 a.m. and will be looking at marijuana laws from a business perspective, so CFOs, CEOs, Risk Managers and HR Directors are encouraged to attend. 

Some topics that will be covered:

• In-depth overview of the Arizona Medical Marijuana Act
  
• The rights employers have with Medical Marijuana
  
• Safety Positions
  
• Recent MMJ cases in Arizona
  
  

Thom K. Cope, a lawyer who specialized in employment and labor law, will be the featured speaker.   

To register for the seminar, click here.

Well, it’s official, guys: Arizona could well be on its way to legalize recreational marijuana this year.

Today, the Campaign to Regulate Marijuana Like Alcohol submitted more than 250,000 signatures to the Arizona Secretary of State’s Office. The measure only needs 150,642 valid signatures to make the general election ballot, so the fate of legalization could be up to voters in November. We’ll probably hear whether CRMLA qualified around in August, according to a press release from the campaign.

“We are very encouraged by the strong levels of support and enthusiasm we found among voters during the petition drive,” says a media statement from CRMLA Chairman J.P. Holyoak. “Arizonans are ready to end the antiquated policy of marijuana prohibition and replace it with a system in which marijuana is regulated and taxed similarly to alcohol. We look forward to continuing the public conversation about the initiative and we think most will agree it is a sensible step forward for our state.”

The initiative allows adults 21 and older to possess up to one ounce of marijuana. You would be able to smoke weed at home and purchase it from a licensed retailer. You could also grow up to six plants in an enclosed, locked space. No more than 12 weed plants would be allowed to grow in the same household.

Cities and counties would be authorized to impose limits on where and when marijuana businesses are allowed to operate. They could also prohibit home growing if it is considered a nuisance or dangerous, or enact zoning regulations for marijuana establishments.

Retail marijuana sales would be taxed at 15 percent and the revenue would be used in the implementation and enforcement of recreational weed regulation. Additional funds would be allocated mostly to education—40 percent to school maintenance and operation costs; 40 percent for full-day kindergarten programs— and 20 percent to the Arizona Department of Health Services for substance abuse awareness.

When it comes to penalties, possessing more than one ounce of weed or cultivation of more than six plants per person would be a felony. It would be illegal to sell any marijuana without a business license. Driving while high would also still be a crime, but the initiative says a person shouldn’t be punished merely over the presence of metabolites or components of marijuana.

Suson Catlin has been writing letters to the Governor's Office hoping someone out there will help get her 27-year-old son, Kyle, out of prison—where he's been since mid-January over nonviolent marijuana felony charges. Unsurprisingly, she hasn't received a response. But as I imagine most mothers would, Suson is willing to exhaust all options. Hope dies last.

The night of June 23, Suson got a phone call from Kyle, saying he had been charged with assault after anotherp inmate in the Marana Community Correctional Facility jumped him and split his lip open. In response to the altercation, which Kyle repeatedly told his parents he didn't do anything but take the punches, Kyle was placed in "protective custody," also known as "the hole," or solitary. The inmate who assaulted Kyle was placed in solitary first, so he and friends threatened to kill Kyle for being "a snitch." 

After Suson made several frantic phone calls to the correctional facility, guards moved Kyle to the hole, where he remained for about a week.

To make matters worse, Kyle got transferred back to the first correctional facility he stepped foot in—the Arizona Department of Corrections' Whetstone Unit off of South Wilmont Road and East Old Vail Road. While there the first time, an inmate jumped Kyle and hurt his head. One hopes the correctional system would have enough common sense to not send a nonviolent inmate back to a place where his safety was jeopardized. But, really, they could give a shit. It is not their son. It is not their brother. It is not their friend.

"I'm not giving up, I am going to fight even more to get my son out of that hell hole," Suson wrote on Kyle's Facebook after her son told her he'd be transferred again.

I met Kyle Catlin almost one year ago. As I'm writing this, he sits in protective custody at the Marana Community Correctional Facility, afraid for his life after an inmate recently jumped him and then threatened to kill him for being "a snitch."

The inmate split Kyle's lip open. The inmate now sits in solitary because of the fight. Kyle is also in "the hole" for protection. Both of them were issued a complaint even though Kyle didn't do anything, according to his father Marvin.

This wasn't the first time. A couple of months ago, another inmate in a different correctional facility jumped Kyle and split his head open.

"His appeal for the guy punching him in the mouth was denied, he has one more appeal and is working on it now. If he is denied again he will have to be put in a medium security facility," Marvin told me through Facebook a couple of days ago. We've been in touch here and there since Kyle's trial.

"He is being threatened by a group of inmates. He should be moved to protective custody tonight.
I fear for his life," Marvin said last night. 

It was a three-digit-hot August day last year, and the young medical marijuana patient/caregiver and I were supposed to talk about his upcoming two trials for nonviolent marijuana sale, possession and cultivation felony charges over some iced coffee or tea at Cafe Passé on Fourth Avenue. Kyle called me to let me know he couldn't make it because his car had broken down and he'd taken it to a shop in South Tucson. I met him there and we talked in the waiting room for at least three hours.

Before we got into the serious talk, he chatted about his upcoming birthday party on Aug. 15. It was his 27th birthday. 

Tall, the blondest of hair, soft spoken, kind eyes, beyond family-oriented and a die-hard fan of car racing—I remember thinking, how can he be facing the possibility of going to prison?

At the time, he had at least 10 felony charges on him. (Read more about the charges, In Defense of Marijuana, September 2015.) He told me he was afraid of going to prison. He was afraid of getting pulled into a gang, being jumped. He, without shame, said he wasn't a fighter. He'd lose a fight. But probably the biggest fear was separating from his family. They were always together.