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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.

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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 [...]

Oakland’s Medical Marijuana Lawsuit on Behalf of Harborside May have Statewide Implications

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 [...]

Civil & Criminal Issues with Commercial Leases in the Medical Marijuana Industry

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 [...]

Medical Marijuana Lawsuit Reviewing Scientific Evidence Reaches Federal Court for First Time in Nearly 20 Years

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 [...]

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 [...]

Nevada Supreme Court to Rule on Medical Marijuana Law

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 [...]

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.

[...]

Debate: Should Owners of Arizona Medical Marijuana Dispensaries be Prosecuted?

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 [...]

Colorado Court Ruling Agrees with Attorney General Horne & Says Medical Marijuana Trumped by Federal Law

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 Rips Maricopa County Attorney’s Because of His Threats to Prosecute Medical Marijuana Patients & Dispensary Owners in Maricopa County

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 [...]

Colorado Court Rules Contract Between Marijuana Grower & Dispensary Not Enforceable

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’s E J Montini Likes Arizona’s Medical Marijuana Law

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 [...]

Maricopa County Attorney Warns Everybody in Maricopa County Not to Grow, Sell or Distribute Marijuana Because He Will Prosecute Violators for Felonies

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. [...]

Arizona Governor Allows Attorney General Horne to Challenge Arizona’s Medical Marijuana Law

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 [...]

Tom Horne: Arizona Medical Marijuana Act Preempted by Federal Law, in Part

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.”

Arizona Attorney General’s Opinion Kinda Corrects Arizona Governor & Concludes Arizona’s Medical Marijuana Act is Partially Preempted by Federal Law

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 [...]

13 Arizona County Attorneys Ask Governor Brewer to Stop Medical Marijuana Dispensaries

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 [...]

Warning to Arizona Medical Marijuana Dispensaries that Plan to Make their Dispensary Not-for-Profit by Siphoning Funds to Affiliated Entities

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 [...]

U.S. Attorney’s February 2012 Letter to Arizona Govenor Jan Brewer

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

Ninth Circuit Court Rules Medical Marijuana Not Protected by Americans With Disabilities Act

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 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 [...]

Denver Lawyer Loses Liability Insurance over Medical-marijuana Clients

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 [...]

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 [...]

Today April 25, 2012 is Bank Day for Prospective Arizona Medical Marijuana Dispensaries

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 [...]

Prospective Dispensary’s Single Most Important Task Before April 30, 2012

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 [...]

Why Every Arizona Medical Marijuana Dispensary Must Have a Buy Sell Agreement

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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