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Arizona Medical Marijuana Patients to Lose More Constitutional Rights

The American Council for Patient Liberty looks to stop Senate Bill 1441 which legalizes the destruction of medical marijuana without due process

PHOENIX, March 13, 2013 /PRNewswire/ – The American Council for Patient Liberty is an ardent supporter of the Arizona Medical Marijuana Act, a voter-backed initiative that has been the law of the land for over 3 years.  Several state and county officials have tried to usurp the wishes of the voters and have failed.  The medical marijuana program falls under the protection of the Arizona Voter Proposition Act (Prop 105).  Based on this provision, legislators who try to work against the spirit of the Arizona Medical Marijuana Act are violating the loyalty oath they signed when entering office.  The new Senate Bill 1441 enables destruction of all medical marijuana in the state of Arizona without due process and is a hindrance to patient liberty.

In the last 3 years, the Arizona State Legislature has made it legal for employers to access the registration status of employees using medical marijuana and simplified the process for law enforcement officers to track sick patients.  Legally, the Arizona State Legislature may only advance the intent of the ballot measure passed by voters but citizens have been set up for disappointment.

There has already been an attempt to repeal the entire law by State Representative John Kavanagh.  Although the Fountain Hills representative failed to undo the law earlier this year, SB 1441 would further his cause and enable anti-medical marijuana county attorneys like Sheila Polk and Bill Montgomery to seize and destroy the property of patients and providers in Yavapai County and Maricopa County.

The problem with SB 1441 is that it allows law enforcement to destroy medical marijuana before any determination of law breaking even if it belongs to registered patients, their caregivers, dispensaries, or dispensary agents licensed by the Arizona Department of Health Services.

Senate Bill 1441 may violate not only the Arizona Voter Protection Act but may also impede on your rights under the U.S. Constitution Bill of Rights (Amendment IV and V).  These two amendments address unlawful search and seizure and due process.  Medical marijuana patients nationwide already have lost their Second Amendment right to bear arms.  At the same time, law enforcement agencies nationwide have been granted Certificates of Authority by the FAA to operate drones within their airspace.

Arizona Police Militarization

List of Drone Applicants

Due to privacy concerns, the ACPL sees it fit to future-proof Arizona law for the benefit of the voters by explicitly banning the use of drones by law enforcement for the purpose of monitoring or attacking the cultivation, transportation, dispensing, and usage of medical marijuana.

Take Action

Contact your state legislators and let them know that the Constitution applies to all medical marijuana patients, caregivers, dispensaries, or dispensary agents in the state of Arizona:

Stop SB 1441