The founder of a Phoenix cannabis club is suing Gov. Jan Brewer and State Health Services Director Will Humble.
Al Sobol, owner of the 2811 cannabis club, said Humble “threatened” his club last week after being asked if he felt the clubs were legal.
“When he said he was concerned about these cannabis clubs that are opening up – whether they were legal or not – we took that as a threat,” Sobol said.
In the clubs, medical marijuana card holders are able to receive and exchange marijuana, so long as nothing of value is given in return and get to sample different strains of marijuana provided by those that have a little extra. Members pay a fee to be a part of these clubs.
“Any member that comes in here to utilize our facilities, if they want some of those free samples, they can help themselves and get free samples when they leave,” Sobol said.
Maricopa County Attorney Bill Montgomery said that cannabis clubs are walking a fine line when it comes to legality.
“My concern is that there are people being misled into believing that these arrangements are somehow legal,” Montgomery said. “I think they’re suspect, at best. While we haven’t reviewed any particular case yet, I do think that, generally speaking, these arrangements run the risk of being unlawful.”
Montgomery added that, if anyone was found to have violated the nothing of value exchange portion of the law, that they will be prosecuted for a Class Four felony.
Due to all of the confusion over the medical marijuana law and the cannabis clubs, Sobol said the goal of the lawsuit is to have a judge determine the legality of both facets.
“We filed, in Maricopa County Superior Court, a request for declaratory judgement asking the court to review our business model and make a determination whether it’s legal or not in Arizona,” Sobol said.
The state’s Attorney General’s office said they are working on a legal opinion about the cannabis clubs that is expected “very soon”.
– Article originally from KTAR.