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 Bill Montgomery and Arizona Attorney General Tom Horne that the voter-approved law should be shut down because marijuana is illegal under the federal Controlled Substances Act and that state employees would be facilitating federal crimes if they issued licenses to medical-marijuana dispensaries. The first dispensary, Arizona Organix, is scheduled to open at 10a.m. Thursday in Glendale, with another to follow in Tucson later this month.”
Read Ray Stern’s article in the Phoenix New Times called “Arizona Medical Marijuana Law Is Constitutional, County Judge Finds; Dispensaries On Way.”
The Wall St. Journal’s article is “Medical Marijuana Law Upheld in Arizona” and says:
“Arizona’s medical marijuana law is constitutional and federal drug laws don’t stand in the way of public officials implementing the state law, a judge ruled Tuesday. ‘This court will not rule that Arizona, having sided with the ever-growing minority of states and having limited it to medical use, has violated public policy,’ Judge Michael Gordon of Maricopa County Superior Court wrote.
Read Judge Gordon’s ruling.