Attorney Sean Berberian believes that’s exactly the case.
Arizonans are charged an annual fee of $150 for their Arizona “green card” and Berberian wants the Court of Appeals to answer one lingering question: Why is the AZ Department of Health utilizing their medical marijuana program as a profit center?
On Monday, Sean Berberian argued the state’s medical marijuana program is unlawfully charging registered patients an excessive fee for access to medical marijuana.
Medical marijuana users take claim to Court of Appeals that @AZDHS and @drcarachrist acting illegally by building up huge surplus in fees from patients. https://t.co/lb8MnTaA4z
— Howard Fischer (@azcapmedia) November 14, 2017
Legalized in 2010, Arizona’s Medical Marijuana Act allows qualifying patients to purchase their medicine from a state-sanctioned dispensary. The annual fee of $150 was specifically intended to fund the state’s oversight and regulation of its medical marijuana businesses, and according to Berberian, disallowed the Arizona Department of Health (ADHS) from banking any profit.
Citing evidence that Gov. Doug Ducey and former Gov. Jan Brewer instructed ADHS to maintain its…