Barrett | MaturA Files Opening Brief in Appeal of Medical Marijuana Card Cost Case

Attorneys Jeff Matura, Melissa England and Tabitha Myers at Barrett & Matura, PC, in conjunction with attorney Sean Berberian at White Berberian, PC are asking the Arizona Court of Appeals to force state health officials with the Department of Health Services to reduce the amount charged to patients and caregivers who are required to obtain state-issued permits to buy their medicine.

The plaintiffs are two Arizona patients and a caregiver.  They argue that the Arizona Medical Marijuana Act requires the State to charge fees only in an amount “sufficient to implement and administer” the state’s medical marijuana program.  Instead, the state charges exorbitant fees that have resulted in a surplus of about $25 million.  Will Humble, who was Arizona’s health director when the Arizona Medical Marijuana Act became law, has commented in the past that the fee he initially set was based upon a estimation that 25,000 individuals would apply for permits.  In reality, more than 140,000 individuals have applied in Arizona.  The result is that the state has collected fees far in excess than the amount necessary to implement and administer the program.  The plaintiffs are therefore requesting the Court to order the state to reduce the amount of the fees and to return the surplus money to the patients and caregivers in Arizona.

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