Medical-marijuana users say the Arizona Department of Health Services is collecting more than it needs in fees. But a judge says the agency can continue to do so.
A Maricopa County Superior Court judge does not dispute that DHS is collecting more from medical marijuana users than it needs to administer the program.
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But she said there is nothing in the law that prohibits it from taking in more than needed. Attorney Sean Berberian says he intends to appeal.
"It is unfortunate that they openly acknowledge that they have excess funds. And yet they're not willing to voluntarily decide to refund it or actually put it to good use towards the program," Berberian said.