Fight Continues Against Arizona Medical Marijuana Law

Even as the Arizona Health Department awarded licenses Tuesday for medical marijuana dispensaries in Arizona — including three here in Yuma County — new legal roadblocks loomed.

Arizona Attorney General Tom Horne announced Monday he will seek a court ruling to get the dispensaries declared illegal since they cannot exist under federal drug laws. Maricopa County Attorney Bill Montgomery is making a similar dispensaries challenge and may eventually go after individual medical marijuana users for breaking laws against illegal drugs.

Horne argued a state law cannot override a federal law. He is correct, unless that federal law is overturned, but it is an ironic argument since some state lawmakers and others have argued state authority can actually be superior to federal authority under our Constitution. The so-called state’s rights claim has become a key argument on various issues in our state.

The supremacy of the federal government on the marijuana issue has also been argued by most of the state’s county attorneys and sheriffs as well. They have asked the governor to intervene against the medical marijuana law provisions approved by voters in 2010, but so far Montgomery is the only one to actually take his own legal action.

– Read the entire article at The Yuma Sun.

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