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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 [...]
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 [...]
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 [...]
The Daily Californian: “The city of Oakland has filed a lawsuit against U.S. authorities [U.S. Attorney General Eric Holder and U.S. Attorney for the Northern District of California] Melinda Haag that claims the federal government has overstepped its jurisdiction in the attempted closure of a local medical marijuana dispensary [Harborside Health Center, the [...]
Arizona real estate attorney William A. Kozub wrote an article called “Civil & Criminal Issues with Commercial Leases in the Medical Marijuana Industry” published on the Arizona School of Real Estate & Business website. It’s recommended reading for landlords, real estate brokers, realtors and others who are involved with or considering becoming involved [...]
The following is the text of a press release by Americans for Safe Access on October 5, 2012.
For the first time in nearly 20 years, a United States Court of Appeals is set to hear oral arguments in a lawsuit challenging the federal government’s classification of marijuana as a dangerous drug with [...]
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 [...]
Las Vegas Sun: “A ruling that Nevada’s medical marijuana law is unconstitutional has put the issue before the state Supreme Court and has lawmakers again pushing to clarify how patients can legally obtain the drug. After several medical marijuana dispensaries set up shop around Las Vegas in recent years, a task force from [...]
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 [...]
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 [...]
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.
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ABC15.com: “Each Sunday, ABC15.com debuts an Arizona issue – along with two opposing sides on the topic. . . . This week we’re tackling the debate on whether or not winners of the Arizona Department of Health Services Medical Marijuana Lottery should be prosecuted. Sunny Singh, Chief Operations Officer & Owner of weGrow [...]
Denver Post: “A state court ruling in a legal dispute between a medical-marijuana grower and a dispensary has laid bare an argument that could be the undoing of Colorado’s medical-marijuana system. Grower Quincy Haeberle sued Blue Sky Care Connection and its manager, Laura Lowden, after saying he delivered $40,000 worth of marijuana to [...]
Arizona Republic: “Maricopa County Attorney Bill Montgomery, like county attorneys across Arizona, is no fan of the state’s medical-marijuana program. . . . But that doesn’t excuse the saber rattling he engaged in last week.”
For more on Montgomery’s threats read “Maricopa County Attorney Warns Everybody in Maricopa County Not to [...]
Denver Westword Blogs: “a just-issued decision in Arapahoe County District Court may be the most sweeping to date in Colorado. The conclusion: The medical marijuana industry here and in other states is illegal. Period. . . . It involves a medical marijuana grower whose name is being withheld at his request and Blue [...]
Arizona Republic columnist E. J. Montini wrote a column in which he rips Arizona Attorney General Tom Horne and Maricopa County Attorney Bill Montgomery because they are ” two men doing everything they can to keep the state from fully implementing the medical-marijuana law that — for a third time — was approved [...]
The video below should be watched in its entirety by the types of people listed below who personally or in connection with any type of entity grow, sell or distribute marijuana (medical or otherwise) in Maricopa County, Arizona:
People who have a medical marijuana patient or caregiver card. Owners of medical marijuana dispensaries and collectives. [...]
The Bugle: “Gov. Jan Brewer has signed a waiver that will allow Attorney General Tom Horne to try to close down the marijuana dispensaries that her state health department is in the process of licensing. The move comes in the wake of Horne’s formal legal opinion that the state cannot legally permit anyone [...]
Phoenix New Times: “Arizona should not authorize medical-marijuana dispensaries as voters intended because they would violate federal law, says state Attorney General Tom Horne. . . . Now, the question of whether Arizona gets dispensaries like Colorado is apparently in the hands of state judge who just doesn’t know it yet.”
Last week Arizona Governor Jan Brewer’s response to a letter from 13 Arizona County Attorneys that the Arizona Medical Marijuana Act was preempted by federal law was to say you legal types don’t know what you are talking about and “I am duty-bound to implement the AMMA.” Now her lawyer says oops-e-dazey, not [...]
Arizona Republic: “Thirteen Arizona county attorneys are urging Gov. Jan Brewer to halt the state’s medical-marijuana program, saying state employees will be facilitating federal crimes when they issue licenses to pot dispensaries. The lawyers signed onto a three-page July 24 letter authored by Yavapai County Attorney Sheila Polk, who requests that the governor [...]
Since Arizona voters approved Proposition 203 in November of 2010 I have talked to many people who were interested in obtaining a license to grow marijuana and sell it in an Arizona medical marijuana dispensary. In general these people fall into two categories: (1) people whose primary goal is to provide medicine to [...]
The following is the complete text of a letter dated February 16, 2012, that was sent by Ann Birmingham Sheel, the U.S. Attorney for Arizona, to Arizona Governor Jan Brewer:
“February 16, 2012
The Honorable Janice K. Brewer Governor of Arizona 1700 W. Washington Street Phoenix, AZ 85007
Phoenix New Times: ”Gravely ill and severely disabled? Real sorry about that, but you should still be thrown in jail for using marijuana, says a ruling by the U.S. Ninth Circuit Court of Appeals. Yesterday’s ruling came in a California case that pitted disabled people against the wishes of city leaders who don’t [...]
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 [...]
Denver Post: “In what appears to be a first-of-its-kind event nationwide, a Denver lawyer has lost her liability insurance because part of her practice involves representing medical-marijuana businesses. Ann Toney’s insurance company told her last month that it will not renew her malpractice coverage. In its terse notice, the Hanover Insurance Group explained [...]
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 [...]
The last day to file an application for a Dispensary Registration Certificate for an Arizona medical marijuana dispensary is May 25, 2012, at 5:00 p.m. Today is what I am calling “Bank Day,” the last day on which the entity applying for the dispensary registration certificate or a principal officer of the entity [...]
Nonprofit entities that want to obtain a dispensary registration certificate (aka license) to sell medical marijuana in Arizona have a lot of tasks to accomplish before they can open for business. At this time, however, the single most important task for all would-be dispensaries is to locate a properly zoned place within the [...]
My name is Richard Keyt. I am an Arizona business lawyer who has practiced law in Arizona since 1980 and who has formed thousands of companies. I have seen far too many situations where owners of a company suffered dearly because they failed to adopt a Buy Sell Agreement. When people join together [...]
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