Jan 2011 - Arizona | Attorney General Tom Horne is using a loophole in Prop 203 (the medicalmarijuana law that voters passed in 2010) on which to base his sales tax ruling. The law says would-be medical marijuana patients can get a “doctors’ recommendation” for the drug– not a prescription. Prescriptions are not taxable; doctors’ recommendations are. (This is like saying your doctor recommended aspirin or multi-vitamins; when you go to buy the aspirin or multi-vitamins, they are subject to sales tax.)
Craig said the growers he has talked to who are trying to stay within the rules agree with the caregiver ruling. He said that with the caregiver aspect resolved, the next issue will involve marijuana collectives and cooperatives–things the county could zone against.