Arizona Judge Rules Medical Marijuana Law is Legal

 by lucy

On Tuesday, an Arizona trial judge ruled that the state’s medical marijuana law is legal and not preempted by federal law.

Maricopa County Superior Court Judge Michael Gordon rejected previous arguments from County Attorney Bill Montgomery and Attorney General Tom Horne that the medical marijuana act is void because the possession and sale of marijuana is illegal under the federal Controlled Substances Act.

Gordon cited 17 other states plus the District of Columbia which have deemed medical marijuana to be legal.  He wrote, “This court will not file that Arizona, having sided with the ever-growing minority of states and having limited it to medical use, has violated public policy.”

Many collective owners who had hoped to open up shop in Arizona were denied permits and zoning letters because state officials did not want to be prosecuted under federal law.  Now, that stalling in the system should be eradicated and dispensaries should be able to move forward with the process of opening their doors for patients.

Attorney General Horne thinks Gordon missed the mark, because selling marijuana, no matter what the intended use, is against federal law.  “A state cannot authorize what the federal government prohibits,” he stated.  Horne referred to last year’s ruling in Oregon which stated their medical marijuana program was preempted by federal law.

During the ruling, Gordon acknowledged the earlier Oregon ruling, but said he sees no conflict for Arizona.  Gordon went so far as to say that the state’s medical marijuana program actually aligns with the federal government’s goal of combating drug abuse issues.

“The Arizona statute requires a physician to review a patient’s medical circumstances prior to authorization of its use,” he explained.  People who are caught using marijuana without a card are still subject to arrest.

Arizona’s 2010 medical marijuana law allows a network of up to 125 state licensed collectives.  So far, only two dispensaries have been approved– one in Glendale and one in Tuscon.



7 Responses so far | Have Your Say!

  1. 0

    DankHydroKush said on Dec 5, 2012

    sucks to here rough issues going on in such a friendly cannabis part of the nation.

    • 1

      Cee9 said on Dec 5, 2012

      Actually this is good means the judge pretty much shut down the opposition here.

      • 1

        glas said on Dec 5, 2012

        Good new for us eh Cee9, I have had a nut sack full of this montgomery guy. He is such a shady worm. He has counter suits against him for wanting bribes from collectives so that he wont sue them.

  2. 1

    CapMorgan said on Dec 5, 2012

    Not good news for me, i will have to move now so i can keep growing. this 25 mile shit is lameeeeee. thank god im only renting or i would really be fucked.

  3. 0

    Elvers said on Dec 6, 2012

    Horne is blowing his horn because he's in trouble him self with the feds and the Bar association so kiss my ass Montgomery,and Horne the Judge put you both in your place.!!! now the time has come and not too soon.!!! go back to the holes you came from and eat it the Judge has spoken.!!! and Brewer also!!!!!

  4. 1

    Elvers said on Dec 6, 2012

    and for Brewer's office to say she's in Afghanistan is bull shit I'll bet she's in rehab for being drunk on the road a couple of times and that's her only way out of having it on her record.!!! no one know's where were she's at. tumbleweed brain.!!!

  5. 0

    GGLynzee said on Dec 9, 2012

    AZ MMJ laws are such BS and a way for the state to have you on file to watch you.. crazy, I would NEVER be followed by that state.. shady as hell

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