Feds: Arizona’s Medical Marijuana Lawsuit has no Merit

East Valley Tribune:  “Federal attorneys asked a judge on Monday to throw out a lawsuit filed by Gov. Jan Brewer seeking a ruling about the legality of the state’s medical marijuana law.  Deputy U.S. Attorney Scott Risner said there is no legal basis for the lawsuit. Risner told U.S. District Court Judge Susan Bolton in legal papers filed in her court that, absent some actual threat of prosecution under federal drug laws by his office, the question is purely academic and therefore not a proper subject for litigation.”

By |2011-08-02T06:31:05-07:00August 2nd, 2011|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off on Feds: Arizona’s Medical Marijuana Lawsuit has no Merit

ACLU Says Arizona Is Blowing Smoke With Lawsuit on Medical Marijuana Law

Courthouse News:  “The ACLU asked a federal judge to dismiss Gov. Jan Brewer’s lawsuit seeking declaratory judgment on whether the state’s voter-approved Medical Marijuana Act is pre-empted by federal law and should be struck down.  The ACLU claims Arizona’s lawsuit should be dismissed for lack of jurisdiction or failure to state a claim because “state officials cannot use the federal courts as a vehicle either to validate, or to attack, their own laws.”

By |2017-10-07T09:54:51-07:00July 10th, 2011|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off on ACLU Says Arizona Is Blowing Smoke With Lawsuit on Medical Marijuana Law

ACLU Asks Federal Judge to Throw Out Arizona Governor’s Lawsuit Challenging State’s Medical Marijuana Law

ACLU:  “The American Civil Liberties Union today asked a federal judge to throw out a lawsuit filed in May by Arizona Gov. Jan Brewer that seeks to have her state’s medical marijuana law struck down.  In a motion filed today in the U.S. District Court for the District of Arizona, the ACLU charges that the lawsuit should be dismissed because, among other reasons, there has been no threat that state employees charged with carrying out the state’s law would be prosecuted by federal authorities.  ‘On the pretext of protecting her state employees, Gov. Brewer is simply seeking to thwart the will of Arizona’s voters and unconscionably block sick people from accessing their vital medicine’,””

Read the ACLU’s Motion to Dismiss.

By |2011-07-08T07:13:28-07:00July 7th, 2011|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off on ACLU Asks Federal Judge to Throw Out Arizona Governor’s Lawsuit Challenging State’s Medical Marijuana Law

Protect Arizona Patients is an Arizona Medical Marijuana Support Group

One of the plaintiffs in the O.F. & C., Inc. vs. Humble lawsuit filed in the Arizona Court of Appeals is an organization called Protect Arizona Patients, Inc.  This nonprofit corporation is leading the fight to force Arizona to comply with and fully implement Proposition 203.  If you agree with this position, you should consider making a contribution to the O.F. & C., Inc. vs. Humble legal fund.  Litigation is not cheap and every dollar counts.  For more about this Protect Arizona Patients and its fight to force DHS to implement the medical marijuana dispensaries, go to its website.

By |2015-04-06T18:51:50-07:00June 22nd, 2011|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off on Protect Arizona Patients is an Arizona Medical Marijuana Support Group

Lawsuit Filed in Court of Appeals to Force Arizona Department of Health to Implement Medical Marijuana Dispensaries

PRWeb:  “Will Humble, the Executive Director of the Arizona Department of Health Services (ADHS) was served last Tuesday with a copy of a Special Action filed in the Arizona Court of Appeals (No. 1 CA-SA 11-016). The lawsuit was the first of two actions filed against ADHS seeking judicial relief. The second action (LC2011-000410) was filed in Maricopa County Superior Court. Both lawsuits are seeking a court order directing Will Humble and the ADHS to fully implement the licensing of the Medical Marijuana Dispensaries.”

Read the Complaint.

By |2011-06-22T06:55:42-07:00June 22nd, 2011|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off on Lawsuit Filed in Court of Appeals to Force Arizona Department of Health to Implement Medical Marijuana Dispensaries

Medical Marijuana Firms File Suit against Arizona

Inside Tucson Business:   “A group of would-be medical marijuana dispensary operators have filed a lawsuit against the state of Arizona in an effort to force the state to issue dispensary licenses.  Scottsdale-based Rose Law Group filed the complaint for special action in Maricopa County Superior Court on Tuesday (June 14) on behalf of Serenity Arizona, Inc. and Medzona Group, Inc., both non-profit organizations intent on entering the state’s nascent medical marijuana industry.”

By |2011-06-20T07:33:52-07:00June 17th, 2011|AZ Marijuana Law Lawsuits|Comments Off on Medical Marijuana Firms File Suit against Arizona

Dispensaries Sue ADHS in Arizona Court of Appeals Seeking an Order that State Implement Arizona’s Medical Marijuana Laws

Yesterday attorney David Dow filed an Emergency Petition for Special Action re: Writ of Mandamus in the Arizona Court of Appeals.  The lawsuit ask the Court to issue an Order:

“A.  In the form of an emergency Writ of Mandamus commanding Respondent [Will Humble as ADHS Director] to fully implement the AMMA by accepting dispensary applications within thirty (30) days of the execution of this Writ, and to process those applications and issue licenses within the timeframes outlined in the AMMA;

B.  To find that Respondents’ action in refusing to accept and process such dispensary applications, and to issue dispensary licenses is arbitrary and capricious and an abuse of discretion;”

The plaintiffs in the lawsuit are: (1) O.F. & C., INC., an Arizona Non-Profit Corporation, d/b/a THE VIRTUE CENTER; (2) ELEMENTS THERAPEUTIC DISPENSARY, an Arizona Non-Profit Corporation; (3) ARIZONA DISPENSARY SOLUTIONS, L.L.C., an Arizona Limited Liability Company; (4) ARIZONA ALTERNATIVE RELIEF CENTERS, INC., an Arizona Non Profit Corporation d/b/a MEDICAL MARIJUANA DISPENSARIES; (5) PROTECT ARIZONA PATIENTS, INC., an Arizona Non-Profit Corporation; (6) CULTIVATION MANAGEMENT SERVICES, an Arizona Limited Liability Company; (7) HEATHER TORGERSON; and (8) STEPHEN JOHNSON.

By |2011-06-15T20:55:14-07:00June 15th, 2011|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off on Dispensaries Sue ADHS in Arizona Court of Appeals Seeking an Order that State Implement Arizona’s Medical Marijuana Laws

Tom Horne, Arizona Attorney General, Worked With Anti-Prop-203 Leader Carolyn Short on Federal Lawsuit Idea

Phoenix New Times:  “Arizona Attorney General Tom Horne discussed a plan to launch legal action against the state’s medical marijuana law during a January sit-down meeting with the law’s biggest opponent.  Carolyn Short, who led last year’s unsuccessful campaign to defeat Proposition 203, refers to the meeting in a February 16 letter to state Department of Health Services Director Will Humble . . . . Instead, the governor and AG appear to be working in concert with Proposition 203’s opponents to defeat the law by any means necessary.”

By |2011-06-09T07:10:06-07:00June 9th, 2011|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off on Tom Horne, Arizona Attorney General, Worked With Anti-Prop-203 Leader Carolyn Short on Federal Lawsuit Idea

Health Director Denies Marijuana Dispensary Request

Verde Independent:  “State Health Director Will Humble turned away a request by doctors Wednesday to operate a marijuana dispensary, paving the way for a lawsuit.  Humble acknowledged that his refusal to even accept an application comes despite a voter-approved law requiring his agency to license about 125 dispensaries around the state. And it is directly contrary to the department’s own rules that say the first requests would be considered Wednesday.”

By |2017-02-12T07:38:39-07:00June 8th, 2011|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off on Health Director Denies Marijuana Dispensary Request

Legal Defense Fund Established to Protect the Rights of Arizonans and Suffering Patients Seeking Medical Marijuana

Sonoran News:  “On the heels of a lawsuit filed by the State of Arizona to determine the legality of the recently enacted Medical Marijuana Law, a legal defense fund, Don’t Let Medical Marijuana Die, has been established to protect the will of the voters and guarantee ill patients access to medication that relieves their pain and suffering.”

By |2011-06-05T08:07:34-07:00June 5th, 2011|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off on Legal Defense Fund Established to Protect the Rights of Arizonans and Suffering Patients Seeking Medical Marijuana

Flagstaff Lawyer: Pot Suit Frivolous

Arizona Daily Sun:  “Flagstaff attorney Lee Phillips has spent the last week talking to other lawyers from across the state on how to best respond to the state’s legal challenge to the voter-approved Arizona Medical Marijuana Act.  The consensus? Another legal action from either the American Civil Liberties Union or from the Marijuana Policy Project, the largest marijuana policy reform organization in the country, seeking to dismiss the suit.”

By |2011-06-05T08:05:43-07:00June 5th, 2011|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off on Flagstaff Lawyer: Pot Suit Frivolous

Ambiguity on Medical Marijuana Shameful

Arizona Republic: “From the political notebook: – I don’t know whether the legal action Gov. Jan Brewer and Attorney General Tom Horne took seeking declaratory judgment about the legality of Arizona’s medical marijuana law will result in any clarity. But I do know this: The ambiguity of the federal government regarding its enforcement policies about medical marijuana is grossly irresponsible.  The Obama administration has said that it probably won’t prosecute patients using medical marijuana under state laws for possession under federal law. But even that isn’t for sure.”

By |2011-06-05T07:54:41-07:00June 5th, 2011|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off on Ambiguity on Medical Marijuana Shameful

A Day Late, Dollar Short on New Marijuana Law

Arizona Capitol Times:  “Arizona’s medical marijuana law continues to pay out. The payoff isn’t so great for sickened would-be patients and convalescing recreational users, as it is for journalists and attorneys.  Last week, Gov. Jan Brewer and Attorney General Tom Horne announced they would ask a federal judge to rule whether Arizona’s voter-approved medical marijuana law is incompatible with federal drug laws. That question could be answered fairly easily by a classroom of seventh-grade civics students . . . .Brewer and Horne contend it was filed to make sure state employees aren’t subject to prosecution by Arizona U.S. Attorney Dennis Burke. A former chief of staff to Gov. Janet Napolitano, Burke was appointed to his post by the Obama administration, which to date has generally treated public employees as the highest life form in the universe.  In plainer English, the risk of state employees facing federal prosecution for undertaking administrative tasks demanded by the new state pot law is roughly one in 64 trillion.”

The story contains a quote from Richard Keyt, the creator of this website.

By |2011-06-05T10:09:20-07:00June 4th, 2011|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off on A Day Late, Dollar Short on New Marijuana Law

Marijuana Law up for Interpretation or just Dramatic Reading?

The Bugle:  “There has been a lot of interpretive work going on with Arizona’s medical marijuana law. Some of it is legal interpretation, and some is more theater-based. . . . The interpretations on both sides of the medical marijuana implement-don’t implement debate leave much to be desired. The voters would be better off with real government action rather than all of these dramatic readings.”

By |2017-02-12T07:38:39-07:00June 3rd, 2011|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off on Marijuana Law up for Interpretation or just Dramatic Reading?

ACLU to Defend Arizona’s Medical Marijuana Law

ACLU:  “The American Civil Liberties Union today [May 27, 2011] agreed to represent the Arizona Medical Marijuana Association (AzMMA) in order to defend the constitutionality of Arizona’s medical marijuana law. . . . Three appellate decisions in California have previously rejected claims that California’s medical marijuana law is preempted by federal law. And earlier this month the Oregon Supreme Court backed away from its previous ruling that a part of Oregon’s medical marijuana law is preempted by federal law.  ‘Contrary to the governor’s claims, the federal Controlled Substances Act includes an explicit provision permitting states to adopt their own drug laws,” said Scott Michelman, staff attorney with the ACLU Criminal Law Reform Project’.”

By |2017-02-12T07:38:39-07:00June 3rd, 2011|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off on ACLU to Defend Arizona’s Medical Marijuana Law

Marijuana Dispensary Application in Scottsdale Rejected by DHS

Arizona Republic:  “Arizona’s top health official refused Wednesday to accept an application from prospective operators of a medical marijuana dispensary, setting the stage for a possible legal challenge to push for full implementation of a voter-approved law.  Department of Health Services Director Will Humble met with members of a group that wants to establish a dispensary in Scottsdale, but he politely declined to accept a binder with their application papers. The month long application period for dispensaries was to have begun Wednesday under rules previously adopted by the department.”

See “AZ turns away application for marijuana dispensary.”

By |2011-06-03T07:15:07-07:00June 3rd, 2011|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off on Marijuana Dispensary Application in Scottsdale Rejected by DHS

Medical Marijuana Dispensaries’ Attorney Seeks to Force Dispensary Licensing

East Valley Tribune:  “An attorney who represents some would-be marijuana dispensaries is taking the first steps he believes will convince a state judge to force Department of Health Services to issue the necessary permits.  Ryan Hurley said Tuesday he is working with clients to get one of them to submit an application this week to the health department. State health officials had said the first requests would be accepted Wednesday.  And Laura Oxley, spokeswoman for the department, confirmed that any requests will be turned away.”

By |2011-06-05T08:42:10-07:00June 2nd, 2011|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off on Medical Marijuana Dispensaries’ Attorney Seeks to Force Dispensary Licensing

ADHS Refuses to Accept an Application for an Arizona Medical Marijuana Dispensary License

Arizona Department of Health Services Director Will Humble wrote the following on his blog on June 1, 2011:

“A prospective dispensary applicant came to our offices this morning in an effort to submit an application for a dispensary registration certificate.   We declined to accept the application because, as I wrote on Friday, we won’t be accepting dispensary registration certificate applications until the outcome of legal action filed last week.

There were several members of the media present when the prospective applicant arrived.  One of the reporters asked me a question about how the decision was made to halt the acceptance of dispensary registration certificate applications.  I want to clarify my answer to that question.  The decision to halt the acceptance of dispensary registration certificate applications was collaborative.  It was the result of multiple discussions that followed the May 2 letter from the U.S. Attorney for Arizona – including conversations involving myself, the Governor, legal counsel and staff.  It’s most accurate to say that the Governor and I reached the decision to suspend the acceptance of dispensary applications in consultation and coordination, as is typical for an issue of this significance.”

By |2011-06-05T08:42:17-07:00June 1st, 2011|AZ Marijuana Law Lawsuits, Stories & Articles, Will Humble Speaks|Comments Off on ADHS Refuses to Accept an Application for an Arizona Medical Marijuana Dispensary License

Arizona Faces Challenge on Medical Marijuana Stance

Arizona Republic:  “State health Director Will Humble was putting the finishing touches Tuesday on the letter he will give to prospective medical marijuana dispensary owners when he declines their applications.  Though Humble and his staff have spent months preparing for Wednesday’s start of the dispensary application process, the federal lawsuit filed Friday by Gov. Jan Brewer has put the kibosh on it.  ‘We’ll explain to them that we’re unable to accept applications right now, and thank them for their efforts,’ he said. ‘At least they’ll have something when they leave to document that they tried‘.”

By |2011-06-05T08:37:01-07:00May 31st, 2011|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off on Arizona Faces Challenge on Medical Marijuana Stance

Brewer vs. United States: Arizona Sues Asking Federal Court to Rule on Whether Arizona can Implement Proposition 203

On May 27, 2011, Arizona sued the United States and asks the federal court to “declare the respective rights and duties of the Plaintiffs and the Defendants regarding the validity, enforceability, and implementation of the AMMA [Arizona Medical Marijuana Act]” and to “determine whether strict compliance and participation in the AMMA provides a safe harbor from federal prosecution.”  The defendants in the lawsuit are:

  • UNITED STATES OF AMERICA
  • UNITED STATES DEPARTMENT OF JUSTICE
  • ERIC H. HOLDER, JR., Attorney General of the United States of America, in his Official Capacity
  • DENNIS K. BURKE, UnitedStates Attorney for the District of Arizona, in his Official Capacity
  • ARIZONA ASSOCIATION OF DISPENSARY PROFESSIONALS, INC., an Arizona corporation
  • JOSHUA LEVINE
  • PAULA PENNYPACKER
  • DR. NICHOLAS FLORES
  • JANE CHRISTENSEN
  • PAULA POLLOCK
  • SERENITY ARIZONA, INC., an Arizona nonprofit corporation
  • HOLISTIC HEALTH MANAGEMENT, INC., an Arizona nonprofit corporation
  • JEFF SILVA
  • ARIZONA MEDICAL MARIJUANA ASSOCIATION (an unincorporated anonymous group loved by the media)

Why did Arizona name the people and entities as defendants?  I will refer to these people and entities collectively as innocent by standers?  Does the State expect the innocent by standers to hire a lawyer to file an answer and defend the lawsuit on the merits?  Does the State want the innocent by standers to sign a statement consenting to or acknowledging something?  Is the State hoping one or more innocent by standers will not file an answer to the complaint so the State can get a default judgment against one or more innocent by standers?

Read the entire Brewer_vs_United States complaint and the attached exhibits.  The complaint is an excellent summary of developments with respect to states that have legalized medical marijuana and the public positions taken by the U.S. Attorney with respect to enforcement of federal marijuana criminal laws in the 16 states that have legalized medical marijuana.

Read “Arizona U.S. Attorney: Brewer, Horne Twisting Medical Marijuana Memo.”

By |2011-06-05T08:42:27-07:00May 28th, 2011|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off on Brewer vs. United States: Arizona Sues Asking Federal Court to Rule on Whether Arizona can Implement Proposition 203

Arizona U.S. Attorney: Brewer, Horne Twisting Medical Marijuana Memo

East Valley Tribune:  “The top federal prosecutor in Arizona said Gov. Jan Brewer and Attorney General Tom Horne are distorting the facts on the issue of medical marijuana and risks of federal prosecution.”  This a must read article.  The following text contains only a few of the zingers U.S. Attorney Dennis Burke fired at Governor Brewer and Arizona Attorney General Tom Horne.  Dennis Burke:

“said that letter never mentioned state workers.  ‘It’s fair to read into my letter what I included and what I didn’t,’’ he said. ‘And if I didn’t include state employees, I think that’s telling in itself.’’  And Burke said there was a simple way of dealing with the question.  ‘You would think that a letter back from Attorney General Horne, as opposed to ‘I’m going to file a lawsuit and have a press conference,’ might have been a better course of action,’’ he said.”

Burke said there appear to be elements of political grandstanding in both the press conference by Brewer and Horne earlier this week as well as the decision to sue.”

Given that Arizona’s U.S. Attorney is on record saying that the Governor and the Arizona Attorney General can get the answer they want to whether state employees will be charged with violating federal marijuana criminal laws without suing, Jan Brewer and Tom Horne should wipe the egg off their faces, dismiss their lawsuit and write a letter to Dennis Burke.  That course of action will be cheaper and quicker than a federal lawsuit that will waste precious Arizona funds, takes months or years to resolve and will almost certainly cause the State of Arizona to be sued because it fails to implement Propostion 203, a duly enacted law of Arizona.

If Governor Brewer does not take the Arizona U.S. Attorney’s advice, she will have to invent another reason to stop the implementation of Arizona’s medical marijuana industry because she won’t be able to say she is worried about state employees being prosecuted.  Dennis Burke has made it clear that state employees involved in implementing and administering Arizona’s medical marijuana laws will not be prosecuted.

By |2015-04-06T18:51:48-07:00May 27th, 2011|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off on Arizona U.S. Attorney: Brewer, Horne Twisting Medical Marijuana Memo

Arizona to Sue over Medical-marijuana Law

Arizona Republic:  “Arizona will ask a federal court today to clarify whether its voter-approved medical-marijuana law conflicts with federal drug statutes, launching what probably will be a lengthy legal battle that could cripple the state’s fledging industry and spark more legal action.  Gov. Jan Brewer also will put a temporary halt to the state’s permit process for marijuana dispensaries, set to begin Wednesday, with an executive order issued by Tuesday, her office said. She does not plan to stop issuance of medical-marijuana user-ID cards.”

The article quotes U.S. Attorney for Arizona Dennis Burke talking out of both sides of his mouth when he said:

“We have no intention of targeting or going after people who are implementing or who are in compliance with state law,” Burke said. “But at the same time, they can’t be under the impression that they have immunity, amnesty or safe haven.”

By |2011-06-05T08:42:38-07:00May 27th, 2011|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off on Arizona to Sue over Medical-marijuana Law

Arizona Officials to File Suit over Medical-pot Program

Arizona Republic:  “Arizona Attorney General Tom Horne will file a lawsuit by week’s end, asking a federal judge to weigh in on the legality of Arizona’s Medical Marijuana Act and whether those who manufacture or distribute pot under the law are subject to federal prosecution. . . . When asked whether she intended to instruct DHS to not issue dispensary permits, Brewer said, ‘we are moving in that direction.’  Her spokesman, Matthew Benson, said later that the governor’s advice to DHS on the subject was ‘imminent, in the next few days’.”

See “Arizona: Your Votes Don’t Count on Medical Marijuana,” in which the Marijuana Policy Project said:

“We cannot think of a single  individual — aside from possibly illegal drug dealers — who would  benefit from Governor Brewer’s actions today.  She has done a disservice  to her state and its citizens. . . .  the only  decision on whether the licensing of dispensaries would be federally  preempted has also found it would not be. It looks like Jan Brewer is  having a contest with San Diego County to see who can waste the most  taxpayer money on a futile attempt to overturn the will of voters.”

See also “Lawsuit could put hold on Arizona medical marijuana,” which says

“Brewer sidestepped repeated questions of why the state is not mounting a vigorous defense of the law.”

By |2011-06-05T08:42:42-07:00May 25th, 2011|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off on Arizona Officials to File Suit over Medical-pot Program

Arizona Governor Jan Brewer Puts Arizona’s Medical Marijuana Law on Hold While Arizona Sues for Guidance

What follows is the text of Arizona Governor Jan Brewer’s May 24, 2011, press release.

Governor Jan Brewer today announced that she has directed Arizona Attorney General Tom Horne to file suit by the end of the week seeking a declaratory judgment from a federal court regarding the legality of the Arizona Medical Marijuana Act (AMMA).

“For the state employees charged with administering the medical marijuana program or the Arizonans who intend to participate as consumers, it’s important that we receive court guidance as to whether they are at risk for federal prosecution,” said Governor Brewer. “As explained in a recent letter from the U.S. Attorney for Arizona, the federal government considers marijuana a controlled substance. Arizonans deserve clarity on an issue with such dire legal implications.”

The Arizona Department of Health Services had been diligently implementing voter-approved AMMA provisions until it received a letter, dated May 2, 2011, from U.S. Attorney Dennis Burke. Burke’s letter warned that marijuana remains a Schedule I Controlled Substance, meaning that “growing, distributing and possessing marijuana, in any capacity, other than as a federally authorized research program, is a violation of federal law regardless of state laws that purport to permit such activities.” Burke declared that his office would “vigorously prosecute individuals and organizations that participate in unlawful manufacturing, distribution and marketing activity involving marijuana, even if such activities are permitted under state law.”

The U.S. Attorney’s letter raises significant questions about the legality of both the AMMA and related Arizona Administrative Code provisions. In particular, Governor Brewer is concerned for the vulnerability of state employees charged with administering the AMMA, including, but not limited to, the issuance of dispensary licenses and qualified-patient registration cards. If a federal prosecutor were to decide that such activities are contrary to federal law, state employees may be subject to federal prosecution.

Medical marijuana also presents uncertainty for state law enforcement. The U.S. Attorney’s letter calls into question the ability of the Arizona Department of Public Safety (DPS) to maintain federal grant monies, the department’s enforcement activities and federal task force actions, and the employment status of DPS employees who could be in violation of federal law while participating as consumers in the AMMA.

For these reasons and others, a declaratory judgment action regarding medical marijuana in Arizona is necessary to determine whether AMMA violates federal law and, therefore, is void.

“The State of Arizona has worked to follow the wishes of voters,” said Governor Brewer. “But I won’t stand aside while state employees and average Arizonans acting in good faith are unwittingly put at risk. In light of the explicit warnings on this issue offered by Arizona’s U.S. Attorney, as well as many other federal prosecutors, clarity and judicial direction are in order.”

Will Humble said the following on his blog today about the Governor’s action:

“We understand that the Governor and the Attorney General are seeking a declaratory judgment in federal court regarding the implementation of the Arizona Medical Marijuana Act. When further information is available, ADHS will update you. Until then, the Department will continue to issue Qualifying Patient and Designated Caregiver Registry Cards on our website.”

By |2011-06-05T08:42:48-07:00May 24th, 2011|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off on Arizona Governor Jan Brewer Puts Arizona’s Medical Marijuana Law on Hold While Arizona Sues for Guidance
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