Enter email address

Disclaimer

Nothing contained in this blog or on www.keytlaw.com is legal advice. This is just a website that provides information about the law designed to help people deal with their legal needs. Legal information provided on this website is not the same as legal advice, i.e., the application of the law to a person’s specific circumstances.

We try to make our legal information accurate and useful, but we recommend that you consult a lawyer if you want professional assurance that our information and your interpretation of it is appropriate to your particular situation and legal needs.

Our blog and website is also an indirect advertisement for legal services by our attorneys who are licensed to practice law in Arizona. Neither KEYTLaw, LLC, nor any of its attorneys are your attorney and you are not our client unless you enter into a written agreement with us to provide legal services.

Judicial Watch Files Brief in Mountain Health Center v. County of Maricopa Lawsuit

Judicial Watch:  “Judicial Watch, the organization that investigates and fights government corruption, announced today [March 25, 2013] that it filed an amicus curiae brief (White Mountain Health Center v. County of Maricopa (1 CA-CV 12-0831)) on March 19, 2013, in the Court of Appeals of the State of Arizona, District One, in support of [...]

Arizona Court of Appeals OKs DUI of Pot

Associated Press:  “An appeals court has issued a ruling that upholds the right of authorities to prosecute pot smokers in Arizona for driving under the influence even when there is no evidence that they are actually high.”

Montgomery Pushes Sun City Medical pot Case to Higher Court

Yourwestvalley.com:  “Hoping for a speedy conclusion to the Sun City medical marijuana dispensary case, Maricopa County Attorney Bill Montgomery has asked the Arizona Supreme Court to immediately take up his challenge to a state law.  In legal papers filed with the high court, Montgomery told the justices that his bid to overturn a [...]

Maricopa County Attorney Appeals White Mountain Health Center Case to Arizona Supreme Court

Arizona Republic: “Maricopa County Attorney Bill Montgomery is petitioning the Arizona Supreme Court to bypass the appellate court and hear his arguments on a high-profile medical-marijuana case. The case centers on whether the Arizona Medical Marijuana Act is pre-empted by federal law.  A Maricopa County Superior Court in December ruled that federal drug [...]

Arizona Court Rules Yuma County Sheriff Must Return Marijuana Seized from Medical Marijuana Cardholder

The Arizona Court of Appeals ruled that the Yuma County Sheriff must return to Valerie Okun, a California resident, the marijuana that law enforcement seized from her inside Arizona because she held a valid California medical marijuana card.

“Authorities stopped Valerie Okun entering Arizona near Yuma and seized marijuana and other [...]

Arizona Court of Appeals Refuses County Attorney’s Request to Stay White Mountain Health Center Judge’s Ruling

Arizona Republic:  “Maricopa County Attorney Bill Montgomery lost another round in court Thursday when the Arizona Court of Appeals denied his effort to temporarily block a ruling upholding the state’s medical-marijuana law.  A three-judge panel heard oral arguments in the morning, then quickly rejected the motion to delay a Maricopa County Superior Court [...]

Montgomery Wise to Continue Fight

The Arizona Republic wrote an editorial giving Maricopa County Attorney Bill Montgomery credit for pursuing his court fight to over turn Arizona’s medical marijuana law.

Arizona Court of Appeals to Hear Argument on White Mountain Case

Maricopa County Attorney Bill Montgomery appealed the adverse ruling issued against Maricopa County last week by Judge Gordon in the White Mountain Health Center, Inc., vs. County of Maricopa.  The Arizona Court of Appeals will hold hearing this Thursday on Montgomery’s motion to suspend the enforcement of Gordon’s ruling until the Court of [...]

Maricopa County Attorney Seeks to Overturn Medical Pot Ruling

Arizona Republic:  “Maricopa County Attorney Bill Montgomery intends to ask the Arizona Court of Appeals to temporarily block a lower court ruling that the state’s medical-marijuana law is constitutional.  Montgomery’s remarks came Thursday, almost immediately after Superior Court Judge Michael Gordon refused to grant the county attorney’s request to stay or suspend the [...]

Judge Won’t Delay Marjiuana Dispensary Ruling

yourwestvalley.com:  “A judge on Thursday rebuffed efforts by Maricopa County Attorney Bill Montgomery to further delay the paperwork necessary for opening a marijuana dispensary.  Maricopa County Superior Court Judge Michael Gordon said he heard nothing from Montgomery during the half-hour hearing to convince him to stay his ruling earlier this month ordering the [...]

Will Humble on the White Mountain Case

Arizona Department of Health Services Director Will Humble said the following on December 13, 2012:

Last week a Superior Court judge ordered Maricopa County to process the zoning paperwork that has been submitted by the applicant for the Sun City CHAA.  The Maricopa County Attorney asked for a Stay of the decision [...]

Arizona Judge Held Hearing on Motion to Suspend Favorable Pot Ruling While Appeal is Pending

Arizona Republic:  “Maricopa County Superior Court Judge Michael Gordon will hear arguments at 11 a.m. today [12/13/12] on a request to stay or suspend his recent ruling on the legality of the state’s medical-marijuana law.  Last week, Gordon ruled Arizona’s controversial medical-marijuana law does not conflict with federal drug laws and rejected arguments [...]

Maricopa County Superior Court Judge Rules Federal Law Does Not Preempt Arizona’s Medical Marijuana Act

Arizona Republic:  “A court ruling that Arizona’s controversial medical-marijuana law does not conflict with federal drug laws cleared the way Tuesday for dispensaries to open and allows patients to legally obtain marijuana from the facilities.  The long-awaited decision by Maricopa County Superior Court Judge Michael Gordon rejected arguments made by Maricopa County Attorney [...]

Status of White Mountain Health Center Case

azmarijuana.com:  “October 19, 2012, Maricopa County Superior Court Judge Michael Gordon heard arguments made by Maricopa County Attorney William Montgomery (himself) and by Deputy Attorney General Charles Grube, for Tom Horne, challenging the viability of the Arizona Medical Marijuana Act. An explanation of how we got to this point can be found in [...]

Singh Dispensary Solutions dba weGrow Phoenix Sues “Illegal Hydroponics Cartel”

Courthouse News Service:  “Singh Dispensary Solutions dba weGrow Phoenix . . . . [filed a lawsuit in which it claims] ‘Defendants Sunlight Systems, Hydrofarm, BWGS, and R & M Supply Inc., seized upon their substantial market power and the fewness of firms in Arizona to exclusively control the wholesale hydroponics supply market in [...]

Arizona Attorney General & Maricopa County Attorney Want Judge to Rule Arizona Medical Marijuana Facilities are Prevented by Federal Law

East Valley Tribune:  “Prosecutors urged a judge Friday to declare medical marijuana dispensaries and growing facilities as preempted by federal law.  Maricopa County Attorney Bill Montgomery said there’s no question but that marijuana remains illegal under federal law. And he told Judge Michael Gordon that law classifies marijuana as a Schedule 1 drug [...]

Medical Pot Faces a Key Test in Arizona Court

Arizona Republic:  “The top lawyers for the state and county, strong opponents of Arizona’s medical-marijuana laws, will argue in court today that federal drug laws pre-empt the voter-approved law.  Attorneys arguing on behalf of White Mountain Health Center of Sun City, meanwhile, charge that state law does not require anyone to violate federal [...]

Arizona Sued in Medical Marijuana Case

Arizona Republic:  “A woman is suing the state, claiming police violated Arizona’s medical-marijuana laws when they seized a marijuana-infused oil during a raid of her home last spring.  Charise Voss Arfa, a medical-marijuana patient, claims police wrongfully considered the oil labeled ‘Soccer Moms Tincture’ a narcotic instead of marijuana.”

ACLU asks Arizona Judge to Stop Attorney General from Stopping Marijuana Dispensaries

East Valley Tribune:  “The American Civil Liberties Union is asking a judge to rebuff efforts by Attorney General Tom Horne to block state licensing of medical marijuana dispensaries.  In legal papers filed Thursday, attorneys for the group want Maricopa County Superior Court Judge Michael Gordon to rule [in the White Mountain Health Center [...]

Arizona Court of Appeals Case may Consider if Federal Law Preempts Arizona’s Medical Marijuana Act

The Yuma Sun has a story about  Valerie Okun, a California medical marijuana patient who was stopped for possessing marijuana in Arizona and cited for violating Arizona’s drug law.  Valerie’s case  was dismissed, but Yuma County Sheriff Ralph Ogden refused to return her marijuana.  Valerie sued the Sheriff to get the pot and [...]

Prosecutors Challenge Med Pot Law

AZ Daily Sun:  “The state’s top prosecutor asked a judge Thursday to void a key provision in Arizona’s 2-year-old medical marijuana law.  In legal papers filed in Maricopa County Superior Court, Attorney General Tom Horne argued that voters are legally powerless to authorize anyone to sell marijuana as long as it remains illegal [...]

Arizona Attorney General & Maricopa County Attorney Sue to Stop Arizona’s Medical Marijuana Industry

The following is the text of a press release issued by Arizona Attorney General Tom Horne on August 23, 2012:

Maricopa County Attorney Bill Montgomery and Arizona Attorney General Tom Horne are each filing separate motions for summary judgment in Superior Court today seeking to resolve conflicting issues raised by the [...]

Arizona Attorney General’s Radio Interview on Arizona’s Medical Marijuana Act

Bill Buckmaster interviewed Arizona Attorney General Tom  Horne on August 21, 2012, about his legal opinion that the Arizona Medical Marijuana Act is partially preempted by federal law.  The AG said his office will intervene in a Maricopa County Superior Court case and seek a court ruling that confirms his nonbinding legal opinion.

[...]

Medical-Marijuana Companies Won’t be Thwarted by Location of “Reverend” Al Sobol’s Church

Phoenix New Times:  “A judge has refused to overturn a decision by Fountain Hills to authorize medical-marijuana dispensaries near an alleged church run by by medical-marijuana marketer Al Sobol.  Following a hearing on Tuesday, Maricopa County Superior Court Judge Katherine Cooper ruled that the Town of Fountain Hills did not act unreasonably in [...]

Judge Orders Arizona Department of Health Services Not to Reject Medical Marijuana Dispensary Application because Maricopa County Refuses to Issue Zoning Letters

Phoenix New Times:  “A county judge has put a halt to a state Department of Health Services rule that is preventing the approval of a would-be medical-marijuana dispensary.  White Mountain Health Center wants to open a dispensary in Sun City, but it can’t get the county to acknowledge or reject its request for [...]

Medical-marijuana Dispensary Applicant Sues Maricopa County

Arizona Republic:  “An applicant for a medical-marijuana dispensary and cultivation site has sued Maricopa County, accusing the county of purposely stalling action on its application to prevent it from seeking a state operating license.  The lawsuit by White Mountain Health Center Inc. alleges the county would not certify or reject its registration certificate, [...]

Arizona Medical-pot Ruling may Reverberate

Arizona Republic:  “Two Arizonans lent a medical-marijuana company in Colorado $500,000, but the company didn’t pay them back.  So, what did they do? They sued, of course.  But instead of forcing the company to pay back the loan, a Maricopa County Superior Court judge told the two Valley business partners they were out [...]

Judge Rules Arizona Medical Marijuana Dispensaries Must Have a Medical Director

Arizona Republic:  “Medical-marjiuana dispensaries will have to employ a medical director at their operations, as state health officials require, a Maricopa County Superior Court judge has ruled. The non-profits could begin opening this summer.  Judge Richard Gama’s May 1 decision is an important one because it could prevent abuse of medical marijuana, said [...]

Maricopa County Superior Court Ruling May be Last Nail in the Coffin of the Unborn Arizona Medical Marijuana Dispensary Industry

On April 17, 2012, Maricopa County, Arizona, Superior Court Judge Michael R. McVey signed a Judgment of Dismissal that could be the death blow to Arizona’s fledgling medical marijuana dispensary industry.  The case is Michele Rene Hammer v. Today’s Health Care II, a Colorado corporation (“THC”).  Although the judge’s decision has not yet [...]

Alan Sobol Accuses Arizona Governor, Phoenix Police Department & Elected Officials of Abusing Power

KPHO 5:  “Strong allegations have been made against Gov. Jan Brewer, the Phoenix Police Department and other elected officials, who may have played a role in the raid of a medical marijuana club.  The 2811 Club in Phoenix was raided on Oct. 12, 2011. . . . Five months later, the club is [...]

Page 1 of 3123