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First AZ application for medical pot dispensary rejected due to Federal DOJ lawsuit


by Jim Cross/KTAR (June 1st, 2011 @ 10:10am)


Arizona Medical Marijuana Law: State Sues U.S. Justice Department  
            Over US DOJ Medical Marijuana Threat Letters

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PHOENIX — The first application for a medical marijuana dispensary in Arizona has been turned down by state health director Dr. Will Humble.

Attorney Ryan Hurley delivered the first dispensary application, under a new law passed by voters last November, and was met Wednesday by Humble at the Department of Health Services in Phoenix.

"I’m afraid that we’re not able to accept applications at this time because of the pending lawsuit and all the uncertainty about the law itself," Humble told Ryan.

Humble was referring to a lawsuit that Arizona filed last week against the U.S. Department of Justice in an effort to find out how actions under the state law would be treated under the federal law which bans growing, sale, possession and use of marijuana.

Gov. Jan Brewer asked Attorney General Tom Horne to file the suit, saying she could not put state employees and other Arizona citizens in danger of prosecution under federal marijuana laws.

While Brewer and Horne were in the forefront on the suit, Humble — asked who made the decision to reject dispensary applications — said, "I would have to say that, ultimately, it was my call."

Hurley, an attorney with the Rose Law Group, presented the application on behalf of The Virtue Center. He said he will review his legal options in the wake of the rejection.

"Them not accepting the application gives us the opportunity to either file in administrative court or go directly to Superior Court to compel them to enact the law," said Hurley.

He said the real losers are people who need medical marijuana.

"The patients, the people who are suffering from cancer and multiple schlerosis. There’s no reason for them to suffer and to have to take dangerous drugs such as oxycontin and addictive drugs."

Wednesday was the first day, under the new state law, that dispensary applications could be submitted.

The state continues to accept applications for medical marijuana cards from patients and caregivers.