I saw this on another forum...
"
41-1034. Declaratory judgment
A. Any person who is or may be affected by a rule may obtain a judicial declaration of the validity of the rule by filing an action for declaratory relief in the superior court in Maricopa county in accordance with title 12, chapter 10, article 2.
B. Any person who is or may be affected by an existing agency practice or substantive policy statement that the person alleges to constitute a rule may obtain a judicial declaration on whether the practice or substantive policy statement constitutes a rule by filing an action for declaratory relief in the superior court in Maricopa county in accordance with title 12, chapter 10, article 2.

If one part of a rule or law is found Unconstitutional it can be amended!! Not the whole Act just the portion that is Unconstitutional!!
"
Does it apply or is this guy just making stuff up?

AZDHS blanket statements always refer to "the voters voted it in"... Well AZDHS, we have proven to you that #1 the 25 mile rule provision is illegal and unconstitutional, and #2 that the language of Prop 203 was written by a set of attorneys being paid by a conglomerate of dispensary owners (that account for the majority of subsequent dispensary lottery winners).
The "voters" can not make changes or vote in anything unconstitutional, and/or against State law.
Now that you have been clearly notified of these illegal and unconstitutional deficiencies, any lack of action on your part or the Attorney General and local County Attorneys will cause you all to be listed as defendants as the upcoming lawsuits are filed.
The deliberate ignorance of these illegal provisions will lead to 100's if not 1000's of patients suffering undue pain and suffering. The attorneys assure us the financial claims will be substantial.

Prop 203 was written by the attorneys the greedy dispensary conglomerate hired. The 25 Mile Rule purposely creates the ultimate monopoly, where these dispensaries will be charging records amounts for patients medicine.
No other state has such an absurd "rule" or provision. Why ? because it is illegal to purposely create a monopoly.. Until we get the lawsuits files (hopefully a large class action), the greedy dispensary owners will **** the poor, desperate patients of Arizona

Actually, while it is true that the state department of health cannot change the 25 mile rule unilaterally, there is an abundance of state, federal and constitutional precedents set related to amending and overturning elements of currently law, without need for public vote. Obviously, our current state officials have shown an an overt desire to take such actions when it is in line with their beliefs related to immigration or arguments asserting a lack of constitutional compliance. So, to state anything to the contrary in this instance only indicates negative bias towards those who the law is designed to help.

With out the rights to grow my own medical marijuana for personal medical use. I can not afford the ridiculous prices a dispenser will charge.
Get rid of the 25 mile rule.

Most importantly the current rule is unconstitutional. And when the first dispensary OPENS near me I will file a LAWSUIT against that dispensary and The State of Arizona.

Arizona Constitution

Article 2 Section 13

Equal privileges and immunities:
Section 13. No law shall be enacted granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which, upon the same terms, shall not equally belong to all citizens or corporations.

"special exemptions" would be a good way for the Dept of Health to make more money as well!!!

Yes, i know that you can not change the rule, however, you can and should look at giving "special exemptions". There isn't anything in the law that makes that undoable. It would have had to specifically say that no exemptions would be allowed, and it didn't. ADHS Admin, please give this more thought. Even the county recognizes low income disabled people as having trouble paying property taxes and they can and do offer "exemptions" in the form of credit to apply against your amount due. This is not something that would require an admendment or anything like that. Can someone at least look at what type of numbers might be involved? I don't think that there are that many that would qualify for one. So I don't see this a initiating a logiistical nightmare for you. Some simple things would be needed that alot simply can not provide. For example we own our house, don't need permission from a landlord. We have a program "compliant' facility and have made sure that our electric is not going to be an overload problem.We do have homeowners Insurance, I see that as being an important part. I keep inventory journals to prove # compliance at all times. Not many are going to go to the extent we did to make sure that everything down to the last detail was competely legal. And I would expect some type of filing fee to go along with the application for a special exemption. I'd really like to just get some communication going between us. Please.