Entrepreneur Tests Loophole in Arizona's Medicinal Marijuana Law
As the debate over medicinal marijuana continues, an entrepreneur from North Phoenix seems to have found a loophole in Arizona's new law. Learn more about the Arizona Compassion Association and how people can gain access for a price.

August 10, 2011 /24-7PressRelease/ -- Entrepreneur Tests Loophole in Arizona's Medicinal Marijuana Law

Medicinal marijuana continues to be a controversial issue, even after voters approved Proposition 203 last fall. Governor Jan Brewer has halted the implementation of the law and has brought suit in federal court on the theory that the new law is preempted by federal law, and thus cannot be applied.

As the debate over medicinal marijuana continues, an entrepreneur from North Phoenix has captured the attention of the state department of health. Allan Sobol believes he has found a loophole in Arizona's new law that restricts the distribution of medicinal marijuana to just 125 specially licensed dispensaries throughout the state. The law has a provision that allows certified patients to give marijuana to others "if nothing of value is transferred in return.''

The Arizona Compassion Association is an organization that ostensibly fits the exception. It is a nonprofit that provides marijuana samples donated by patients who have grown more than they need or who rely on the organization to grow samples. However, to have access, you must be a part of Sobol's 2811 club. Admission is $75 for each visit or $700 for an annual pass.

State Health Director Will Humble is greatly concerned. He believes there is no legal basis for the club, and that the fees Sobol charges only amount to illegal marijuana sales. He has asked the Attorney General's Office to investigate whether the club qualifies as a proper dispensary. Humble accuses Sobol of "using a shell game to make it appear that nothing of value has exchanged" when he is actually being compensated for providing marijuana.

Sobol claims that the fees are necessary to pay staff members, building security and to grade and test the product the Association grows. Despite Humble's concerns, Phoenix police do not seem so. They have visited the club and questioned Sobol, and have not pressed any charges. Nevertheless, legislators may believe that such clubs were beyond what was originally anticipated in creating the marijuana law.

Meanwhile, communities are bracing for the specter of mainstream marijuana clubs to become reality. The law allows municipalities to enact zoning ordinances to limit dispensaries to particular areas, such as industrial zones. This also brings about important questions about minor marijuana possession crimes.

If you have questions about the legality of marijuana clubs, an experienced attorney can advise you.

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