“You Don’t Know Me”
Arlin with Jimmie McElroy
Howard Fischer’s erroneous statement in the Arizona Daily Sun about the language of Arizona Medical Marijuana Act
October, 15, 2013
Editor of East Valley Tribune
Re: Arizona Daily Sun Article by Howard Fischer containing an erroneous statement regarding the language of the Arizona Medical Marijuana Act.
Per our conversation and your instruction this morning, I am sending this communication regarding an article that was published this morning in the Arizona Daily Sun. “Judge: Counties can’t prohibit med pot dispensaries”.
My particular concern about this article is an erroneous statement that Will Humble ADHS keeps repeating publicly and the press keeps printing repeatedly that simply is not true.
Mr. Fischer’s statement: “While cardholders were initially allowed to grow their own drugs, the law says they must obtain their supply from a state-regulated dispensary once there is one within 25 miles.
There is a Tsunami of litigation before the Arizona Courts regarding Will Humble’s interpretation of “his” 25-mile rule. I complained directly to Will Humble on his ADHS blog regarding the legal language of “his” 25 mile As the Crow Flies rule. http://directorsblog.health.azdhs.gov/?p=4567#comments
Mr. Humble responded by printing the actual language of the law that he used to take his hallucinogenic trip on the back of a flying crow.
No place in the language of Prop 203 does it say that a patient living within 25 miles of a dispensary cannot grow marijuana. That language “flew like a crow” out of Will Humbles imagination. The only references to 25 miles in Prop 203 asks patients living a long distance from a dispensary to list their cultivation site on their ADHS applications. The ADHS then asks for a pledge not to divert cannabis for illegal use: OK. This 25 miles crow crap seems to be directed at keeping the price of cannabis criminal, dangerous and unaffordable. The Arizona Medical Marijuana Act was not passed to create revenue for Will Humble, the ADHS, the State of Arizona or the illegal Mexican marijuana trade. Will Humble has created a Tsunami of complicated and expensive lawsuits that Arizona Taxpayers will pick up the tab for. This same Medical Industry Cartel that seem to be at war with medical marijuana patients also pushed Prop 106 through to wreck Obamacare. However, Prop 106 unintentionally gave Arizona medical patients the right to go directly to their doctors for medicine and treatment without being forced to go through a state or private 3rd party healthcare provider. All of this makes this 25-mile rule laughably moot. And this is what Will Humble really needs to be talking about in his ADHS Medical Marijuana Blog.
- Will Humble
Here is the voter approved statute regarding qualifying for a registration card regarding cultivation:
36-2804.02. Registration of qualifying patients and designated caregivers
A. A qualifying patient may apply to the department for a registry identification card by submitting:
3. An application, including:
(f) A designation as to who will be allowed to cultivate marijuana plants for the qualifying patient’s medical use if a registered nonprofit medical marijuana dispensary is not operating within twenty-five miles of the qualifying patient’s home.
Mr. Humble censored out my response to his reply to my complaint. On that subject, the Arizona Daily Sun also censored my comments on Mr. Fischer’s story.
But let’s get this straight Mr. Fischer, no place in the Arizona Medical Marijuana Act does it say or even imply: “While cardholders were initially allowed to grow their own drugs, the law says they must obtain their supply from a state-regulated dispensary once thers one within 25 miles.” You said that. This misinformation and game playing about the language of Prop 203/Arizona Medical Marijuana Act and the safety and medical value of cannabis has gone on long enough. People are suffering and dying and I am demanding that your information company print the truth, a retraction, an explanation and an apology. If we need an English language translator for the Department of Health Services and the Press we can do that. I would recommend you go to ushempnews.com and read: As the Crow Flies”. And I would recommend you read the law and compare it to what Will Humble, Howard Fischer and the Press are telling the public. Additionally I would remind Mr. Fischer that drugs are manufactured in laboratories and marijuana grows naturally in my garden. He’s Hemp Hoax Hysteria sounds idiotic.
Thank you for in advance for your consideration of this complaint and your rapid response to my requests for a retraction, explanation and apology.
Arlin Troutt/U.S. Hemp
“As the Crow Flies”
In 1996 Arizona citizens bypassed
lawmakers; and won the “voter initiative measure” legalizing medical marijuana. Though it passed by a margin of 65% our State Legislature destroyed that law. This forced citizens to again battle and bypass lawmakers to pass Prop 105 in 1998: “Arizona Voter Protection Act”. Though this law was a specific reaction to the sabotage of the 1996 medical marijuana law, Prop 105 generally prevents adversarial government from vetoing or obstructing laws that citizens initiate and voters approve.
In 2010 citizens again forced a vote for Medical Marijuana in Arizona and prevailed. This is why when you read the language of Prop. 203 you will repeatedly see this warning in captions: (Caution: 1998 Prop. 105 applies)
Even after the “Arizona Voter Protection Act” and “Arizona Medical Marijuana Act” became law Governor Brewer, Tom Horne (Attorney General) and Will Humble (Department of Health Services) are still waging a litigious campaign against medical marijuana patients and the law that was meant to protect them. An ambush of oppressive restrictions and frivolous litigation prevents medical marijuana patients from having safe, legal and affordable access. The following is the first in a long and costly taxpayer paid parade of lost and pending lawsuits:
January 17, 2012 (MARICOPA COUNTY CV 2011-011290 01/17/2012) Judge Gama Ruled: In construing a statute adopted by initiative, the Court’s primary objective “is to give effect to the intent of the electorate.” “The voters passed Proposition 203 informed of marijuana’s therapeutic value in treating a wide array of debilitating medical conditions. Prop. 203, at § 2(B). The voters intended to protect patients with those debilitating medical conditions (and their physicians and providers) “from arrest and prosecution, criminal and other penalties and property forfeiture if such patients engage in the medical use of marijuana.” Id. at § 2(G). The voters contemplated this be done in 120 days.”
Arizona Revised Statutes Section: 36-2803.-Rulemaking (Caution: 1998 Prop. 105 applies) “Not later than one hundred twenty days after the effective date of this chapter, the department shall adopt rules: Establishing the form and content of registration and renewal applications submitted under this chapter.”
On July 29, 2013 Maricopa Superior Court Judge Randall Warner ruled that Will Humble (ADHS) had failed to meet a set deadline and ordered him to rewrite rules 3 years after the legal mandate. Judge Warner: “Predictably, the implementation of medical marijuana in Arizona has met resistance. There have been legal challenges, political challenges, and a reluctance or unwillingness on the part of many public officials…” Will Humble admits in his ADHS blog that another Superior Court has ruled against him and it will take an additional year to rewrite new rules. http://directorsblog.health.azdhs.gov/?tag=medical-marijuana
Judge Warner’s recent ruling confirms that the form and content of registrations and renewals are still unresolved and in violation of the law. However, the controversy over Medical Marijuana Dispensaries and the 25-Mile Cultivation Interpretation will be the “tsunami of crippling and costly lawsuits”.
Will Humble ignores his “25-Mile as the Crow Flies Controversy” and foreseeable storm of litigation with another provocative fabrication in his latest Arizona Medical Marijuana Program Newsletter July 2013, pg. 3.): “ The law says that patients who live within 25 miles of an operating dispensary cannot grow their own medical marijuana. This was part of what voters passed, and ADHS cannot change it.”
“As the Crow Flies” is not mentioned in Prop 203 and nowhere in Prop 203 does it say: “patients who live within 25 miles of an operating dispensary cannot grow their own medical marijuana”.
Original Ballot Format version of Prop 203: “If the qualifying patient’s home is located more than 25 miles from the nearest nonprofit medical marijuana dispensary, the patient or designated caregiver may cultivate up to 12 marijuana plants in an enclosed, locked facility.”
Arizona Revised Statutes Section 36-2804.02 – Registration of qualifying patients and designated caregivers (Caution: 1998 Prop. 105 applies) “A designation as to who will be allowed to cultivate marijuana plants for the qualifying patient’s medical use if a registered nonprofit medical marijuana dispensary is not operating within twenty-five miles of the qualifying patient’s home.”
This 25-Mile Cultivation Designation by the patient offers a patient living excessive distance from an urban area protection from adversarial municipalities and private entities that don’t want medical marijuana dispensaries or patients in their communities. There is nothing in the language of Prop 203 that authorizes the Arizona Department of Health Services to force patients to buy their medical marijuana from a dispensary on a grid or precludes patients from growing their own marijuana. There is nothing in Prop 203 that says: “patients who live within 25 miles of an operating dispensary cannot grow their own medical marijuana”. The language is simply not there. Will Humble’s greedy interpretation of Prop 203 will continue to create unnecessary litigation, expense, pain, suffering and death while the ADHS focuses on exploiting the use of marijuana and forcing the prices, dangers and revenues ever higher.
I am asking the Citizens of Arizona to join me in demanding the immediate removal of Will Humble as Head of the Department of Health Services.
Arlin Troutt/ushempnews.com (August 3, 2013)
Native American pipe-stone quarries mark the location of the first human peace treaties that allowed the quarrying of this sacred pipe-stone by warring tribes.
12NEWS reporter Mary Nguyen embellished a story about a bed bug attack on my wife at the Mountain Vista Medical Center in Mesa, Arizona. 12NEWS aired this incomplete and misleading “Bed Bug Attack Story” on Sunday March 3rd and Monday March 4th of 2013. I would like to set the record straight.
I was admitted into Mountain Vista Medical Center for a leg surgery on Thursday February 28th. Dr. Hani Shennib performed a successful surgery on my thigh. He examined me the next day and ordered a registered nurse in the Intensive Care Unit (ICU) to remove the 2 drainage tubes from my left thigh and release me.
The ICU nurse failed to cut all the stitches in the deep drainage tube before she tore the tube from my leg. The pain was indescribable and the damage was profound. The nurse immediately put adhesive tape directly on the wound and quickly concealed it with a bandage. She left the bloody tubes on the sink and left the room. According to other floor nurses she did not mention any of this in her reports. I complained of this incident directly to the Chief Nurse but I don’t believe he forwarded what happened to me after surgery to Dr. Shannib.
The hospital also failed to release me as Dr. Shennib had ordered on Friday, March 1st. I got trapped in the hospital’s “mistake damage control system” until Sunday with a sick wife that refused to leave my side.
After I found a bed bug infestation inside the sleeper chair my wife was sleeping on in the recovery room I contacted the Chief Nursing Officer for Vista Medical Center (Bill Southwick). I expressed my concerns that this incident in the ICU and the bed bug infestation was getting swept under the rug. I made a deal with Bill Southwick that would allow him to aggressively clean this hazardous mess up and not try to cover it up. After moving me to another filthy room with a filthy guest chair I found out that the hospital administrators were not even warning or informing the nursing staff on the floor about the bed bug infestation.
After it was clear Bill Southwick broke his deal to clean the place up and protect the staff and patients, I contacted the most fearless reporter I know. Lindsey Collom (Arizona Republic) could not cover the story and she deserved a Sunday off. She forwarded my complaint about the hospital cover up to Eric Watson at 12NEWS and he called me on the hospital telephone.
I explained to Mr. Watson that Bill Southwick had not carried through with his promise to clean the mess up and that he had not informed the nurses and staff of this bed bug infestation. Mary Nguyen from 12NEWS then contacted my wife and filmed a parking lot interview for 12NEWS.
Mary Nguyen first reported the story on 12NEWS at 10PM. She was well aware that this complaint regarded the cover up of the bed bugs by hospital administrators not the bugs themselves. That was the complaint and that was the real story that should have been aired. Instead Mary Nguyen and her crew embellished, fabricated and aired a sensational story about my wife being awakened by bed bugs biting her in the night at a local hospital. Ms. Nguyen then planted the insinuation that these bed bugs and there generations of babies living inside the chair we photographed had possibly come from my wife (the bug bitten victim) instead of the hospital. This was after she saw the photos of the colony of bed bugs living inside the arms of the hospital guest chair. Mary Nguyen went on to reassure the public that these human blood sucking parasites that live in hospitals are not dangerous.
Mary Nguyen and 12NEWS ignored some big problems by airing a story that seemed designed to mischaracterize and avoid our complaint and help exonerate the hospital and close the case. By not giving the public the facts about what I was really complaining about at Mountain Vista Medical Center; 12NEWS also puts the public at risk. Shame on the Administrators at the Mountain Vista Medical Center, Mary Nguyen and 12NEWS. http://www.azcentral.com/video/2201591772001
I would also like to express my deepest appreciation for the highly skilled and dedicated professionals that cared for me at Mountain Vista Medical Center. It only takes a few bad apple to make the whole barrel stink. They deserve a lot more credit and protection than they are getting from their administrators or the press.
Respectfully Submitted on March 4, 2013
by Arlin Troutt/U.S. Hemp
Who would have thought snow in the Arizona desert
U.S. Hemp Activist Arlin Troutt is as Stubborn as a Goat when it comes to Liberty and Refuses to be Silent
The following allocution was delivered by Arlin Troutt at his sentencing Feb. 15, 1996. After hearing these words, Federal Judge Jim Rosenbaum refused the prosecutors pleas to give him a life sentence and sentenced him to 97 months in Federal Prison.
The words of Arlin Troutt:
I was charged and convicted of conspiring to sell a plant that grows wild in this region and once provided legal jobs for Minnesota. This plant is the oldest, safest source of food, fuel, fiber, and medicine on earth, and has infinite industrial and medical value to society.
The government used this plant as an excuse to invade my home, seize my property, take my freedom, and terrify my family. I challenge the logic of the laws that permitted this.
Under oath, the government’s witnesses lied and the prosecution knew they were lying. The government distorted, fabricated, and concealed evidence. They tailored reports, statements and testimony to fit the charge, mislead the jury, and manipulated the justice system.
My Trial took place during the verdict stage of the O. J. Simpson trial. The acquittal of Simpson created pandemonium in America. When Simpson’s verdict came down, this court announced his acquittal to the jury while my trial was in session. O. J. Simpson hysteria had no place in my trial.
Fear and ignorance guided by greed and blind ambition created the prohibition of hemp. I am morally and intellectually compelled to resist these forces. When the American people find out what hemp is and why it’s really illegal, may they deal with this government as harshly as it has dealt with me.
U.S. Hemp served over 7 years in Federal Prisons and jails before he was released from the custody of the Justice Department in 2002.
I was glad to see Larry Hagman on CNN and the Dallas gang on the road again. Dallas gave us a good look at Texas and ourselves. I was reminded of how much I enjoyed meeting him backstage at the 1992 Sturgis biker bash. Willie Nelson, his road crew and some great musicians laughed our butts off listening to Larry and his son tell about their Harley Davidson road trip from LA to Sturgis. After seeing Larry on CNN I have no doubt he can still crank the Harley.
Larry is wearing a U.S. Hemp hat that we made in honor of Willie for Farm Aid. Willie Nelson, Larry Hagman and U.S. Hemp stood up for Hemp when it was getting ready to be dropped from the dictionary for lack of use.
I wish Larry luck on his new show and I would like to thank him for all the years of fine comedy and serious acting he still gives us. And thanks for having the courage to wear my hemp hat at that time in history. I hope he still has it.
Don’t ever forget that hemp was once illegal and folks with brown skin had to set at the back of the bus in my lifetime.
Ulysses Samuel Hemp