Arizona Prosecutors Challenge State’s Medical Marijuana Law

 by lucy

Prosecutors in Arizona are asking a court to rule that the state’s voter-approved medical marijuana law is illegal because it is preempted by federal law.

The requests by Attorney General Tom Horne and Maricopa County Attorney Bill Montgomery target dispensary provisions of Arizona’s 2010 medical marijuana law, but if they were able to get a court ruling that said the law conflicts with federal law, it would have a much greater impact.

According to Horne, “Possession, distribution, and cultivation of marijuana are all forbidden by federal law, and state authorization of these activities is preempted.”

The initial case has to do with a potential collective, White Mountain Health Center, which is suing Maricopa county because the county would not provide the required zoning clearances for the collective to operate.  The zoning clearances were not provided because county officials had been advised by County Attorney Montgomery that allowing medical marijuana collectives to operate would constitute as aiding and abetting drug crimes.

Judge Michael Gordon recently ruled that state officials could not decline to award WMHC a dispensary license because of the county’s inaction.

In response to that ruling, Horne and Montgomery are attempting to get the lawsuit dismissed based on the grounds that Arizona’s medical marijuana law is not legal in the first place.  The prosecutors could launch a more small-scale effort against the collective, but instead they are using this case as an excuse to go after the state’s entire medical marijuana system.

WMHC’s attorneys argue that prior court rulings have found that federal law should not preempt state law when dealing with the matter of medical marijuana.  In January, a judge refused to rule whether Arizona’s medical marijuana law is preempted because state officials hadn’t established a genuine threat of prosecution of state employees for administering the law.

Earlier this year, state officials were also ordered to continue licensing medical marijuana dispensaries and allow them to begin operation.  Patients are registered and caregivers are permitted to grow, but the matter of medical marijuana dispensaries has held up the entire system in Arizona.

 

[Source]

7 Responses so far | Have Your Say!

  1. 0

    Mike-420 said on Aug 24, 2012

    Well this one will be an interesting case to keep a very close eye on.c

  2. 0

    Elvers said on Aug 24, 2012

    Michael Gordon and Tom Horne are such good men gag . there wasted paces of flesh. they don't give a dam what the people need for their meds they just want to be power hungry jerks, and tell everybody how to live when they can't do it themselves kiss my ass not,! I might get infected with their hate and discontentment thank you I'll pass.!!

  3. 0

    Elvers said on Aug 24, 2012

    hay grape don't forget Oct16 is around the corner

  4. 0

    dayzaway99 said on Aug 25, 2012

    fuck federal do away with them already

  5. 0

    Elvers said on Aug 26, 2012

    another thing to listen to is Twisted Sister who told the republican party not to use their song were not going to take it , told them not to use their song on the convention floor that should tell everybody something. don't trust them any more.here's some new words for that song. we don't really trust them we can't really trust them. we don't really like them any more. how's that to show them where we the people stand.!!!

  6. 0

    terryh said on Aug 27, 2012

    I know its not right but I hope Michael Gordon, Tom Horne or one of there loved ones need pain relief that MMJ offers. I bet that woulld change those ass holes story. VOTE VOTE VOTE the only thing politicos understand. Free The Weed

  7. 0

    Elvers said on Aug 28, 2012

    TrichSalad you don't deserve any answers to your hate questions or answers so do yourself a favor and stay out of the net program's for mmj cause you for some reason have a big mad on about something that had been done to you badly. don't take it out on everybody else, cause it's not everybody's fault.

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