Arizona's medical-marijuana law takes
effect today, but patients already have been lining up to pay hundreds of
dollars in some cases for pot recommendations from clinics that opened in
recent weeks for just that purpose.
Health officials are concerned that
so-called certification mills could quickly turn a medical program into a
recreational one, but they have limited recourse.
Starting today, people can apply with
the state Department of Health Services for permission to use marijuana to
treat debilitating medical conditions, including cancer, glaucoma, HIV/AIDS
and Alzheimer's Disease
The online-only application requires a
photo of the patient, a copy of his or her driver's license, a signed
statement promising not to give the marijuana to anyone and certification
from a physician that the patient would benefit from using pot.
State rules finalized last month by DHS
require a health professional licensed by one of four Arizona boards -
allopathic, osteopathic, naturopathic or homeopathic - to conduct a physical
exam, review one year of medical records, confirm a debilitating diagnosis
and check the patient's other prescriptions through an online database.
While much of the attention in the
marijuana debate has focused on dispensaries, which won't go online until
later this year, a small industry has sprouted to help patients qualify.
DHS Director Will Humble said the rules
were written to regulate the industry as tightly as possible without running
afoul of the law voters passed in November as Proposition 203. But he said
it will only take a handful of physicians writing casual recommendations to
explode the program.
"What I'm afraid of is there will
be enough of them that just check the boxes but don't really do it (a
thorough exam). Or do a cursory drive-by . . . collect the money and move on
to the next patient," Humble said.
"I'm concerned that enough of them
will end up turning this into a program that we didn't intend for it to
become."
Humble said the health department will
work with the Arizona Medical Board and other licensing boards to check up
on doctors who appear to be issuing medical-marijuana recommendations
outside the law. Red flags might be similar demographics or medical
conditions, he said.
The first draft of rules required
physicians to have a one-year relationship with a patient, but now a doctor
could recommend pot to someone the same day they meet.
"What appears to be happening
already is you've got a small group of doctors who are doing exclusive
medical-marijuana recommendations to patients who are new to them,"
said Lisa Wynn, executive director of the Arizona Medical Board.
"They're arriving at the answer before they've even met the
patient."
Sue Sisley, a Scottsdale internist in
private practice, supported Proposition 203 but believes many doctors will
opt out of the recommendation business for fear of jeopardizing their
practices.
"I know tons of docs who won't
come near this program," said Sisley, whose practice doesn't include
anyone who would qualify. "That's what lends itself to these
certification mills. That's what we were hoping to avoid by the
rule-making."
Jay Reis, director of Arizona Medical
Marijuana Certification Centers, runs three clinics in Scottsdale, Tucson
and Cottonwood and is the process of opening three more. The centers charge
$150 for a same-day certification but require three years of patient
records, though the law only requires one.
Reis said he launched the business in
January because he believes medical marijuana can bring relief to suffering
patients. He said he's offended by mobile-certification outfits set up in
hotel rooms or trailers by newcomers to Arizona, who give clinics like his a
bad name.
"They're coming in here, putting
doctors in a hotel room and not even giving you a physical," he said.
"They're just here for the money."
Humble said he doesn't care where the
exams are done, only that all the requirements are complied with.
"I don't care whether the
assessment happens in the park," Humble said. "The question is, is
the physician acting in the best interest of the patient?"
The DHS will have 15 working days to
process the applications and has hired 10 temporary workers in hopes of
avoiding a backlog.
Humble said the agency can handle up to
500 applications a day. Patients whose certifications aren't processed
within the timeframe will have the $150 health-department fee waived.
Since there are not yet any licensed
dispensaries in Arizona, patients who receive medical-marijuana ID cards
also will have authorization to grow their own pot.
Patients can cultivate up to 12
marijuana plants. The plants must be grown indoors in a locked room or
outdoors surrounded by a concrete wall and a locked steel gate.