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Arizona Medical Marijuana Law: State Sues U.S. Justice Department
Return To OnlinePot's
Legal Section Main Page
First AZ application for medical pot dispensary rejected due to
Federal DOJ Lawsuit
PHOENIX -- Arizona officials are taking the state's own
medical marijuana law to court.
Attorney General Tom Horne late Friday sued the U.S. Justice Department and
other defendants on behalf of the state and Gov. Jan Brewer.
The suit asks a federal judge to rule on whether strict compliance with the
Arizona law provides protection from federal prosecution or whether the Arizona
measure is pre-empted by federal law.
The state law approved by voters in November, like those in other states,
decriminalizes distribution, possession and use of marijuana for medical
purposes under specified circumstances.
However, the U.S. attorney for Arizona has reminded state officials that
marijuana remains illegal under federal law.
Horne said the Arizona suit was intended get a court ruling "that makes it
clear what direction we can safely go – either to implement the law or that we
cannot."
The suit also named medical marijuana supporters, a group representing would-be
dispensary operators and others as defendants in the case. Horne said they
accepted invitations to be included in the case to ensure the state law gets a
vigorous defense.
Brewer announced the planned lawsuit Tuesday, saying she's concerned that state
employees could face federal prosecution for regulating the state program.
The governor and Horne, both Republicans, opposed the medical marijuana law but
said they weren't trying to thwart the will of the voters. They said the lawsuit
is specifically prompted by a May 2 letter in which U.S. Attorney Dennis Burke
noted that marijuana remains illegal under federal law and that criminal
prosecutors of traffickers and others are possible.
Burke's letter did not specifically mention state employees, but he said his
office intends to prosecute individuals and organizations engaged in illegal
manufacturing, distribution and marketing involving marijuana.
Burke did not immediately respond to a request for comment Friday, but he told
The Arizona Republic there had been no policy change.
"We have no intention of targeting or going after people who are
implementing or whoare in compliance with state law," Burke told the
newspaper. "But at the same time, they can't be under the impression that
they have immunity, amnesty or safe haven."
Horne said Burke's letter and similar letters sent by U.S. attorneys elsewhere
raised the prospect of federal prosecutions related to medical marijuana, and he
noted that a letter signed by U.S. attorneys in Washington state said state
employees administering a medical marijuana program would not be immune from
liability under a federal drug law.
Saying she was worried about federal prosecution of state workers, Washington
Gov. Chris Gregoire vetoed key parts of a legislative measure to clarify her
state's medical marijuana law.
Elsewhere, Rhode Island Gov. Lincoln Chafee has suspended plans to license three
medical marijuana dispensaries after a U.S. attorney warned the dispensaries
could be prosecuted for violating federal law.
In Montana, two medical marijuana providers sued the Justice Department on May
10 to challenge March 14 raids of their businesses. The lawsuit claimed the
raids exceeded the federal government's authority, pre-empted Montana's medical
marijuana law and violated the providers' civil rights.
A spokesman for a Washington-based medical marijuana advocacy group said the
Arizona lawsuit won't accomplish anything because it won't change federal law or
enforcement policies and because individual patients can grow their own
marijuana.
"Gov. Jan Brewer is trying to hamstring this program," said Morgan Fox
of the Marijuana Policy Project.
Between April 14 and Tuesday, Arizona approved 3,696 applications for patients
to have and use medical marijuana, including 2,694 for growing up to 12 plants
each. An additional 69 applications have been approved for caregivers, who can
provide marijuana for up five patients other than themselves.
An application period for dispensaries is supposed to begin Wednesday, but
Brewer is expected to direct the Department of Health Services to not proceed
with that part of the program.
M. Ryan Hurley, a Scottsdale lawyer for would-be dispensary operators, said
they're troubled because the state is not proceeding with full implementation of
the law.
"They've invested a lot of time and effort and money in this process in
reliance of the law," he said
http://www.huffingtonpost.com/2011/05/27/arizona-medical-marijuana-law_n_868357.html?ref=email_share
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