Prosecutors Challenge Arizona Medical Marijuana Law

State and county prosecutors on Thursday renewed their legal fight against Arizona’s medical marijuana program, asking a court to rule that the voter-approved law is illegal on grounds that it conflicts with federal drug law.

Attorney General Tom Horne and Maricopa County Attorney Bill Montgomery made separate but coordinated requests in a case involving a company’s application to operate a medical marijuana dispensary.

The Republican prosecutors’ requests specifically target dispensary provisions of the state law approved by Arizona voters in 2010, but a court ruling that the entire law is pre-empted by federal law would have broader impact.

The Arizona law permits people certified by doctors as having certain medical conditions to use marijuana. They also can be permitted to grow it unless a dispensary opens in their area. The state is considering applications for dispensaries.

“Possession, distribution and cultivation of marijuana are all forbidden by federal law, and state authorization of these activities is pre-empted,” Horne said.

The case pending in Maricopa County Superior Court involves a company applying to operate a medical marijuana dispensary in Sun City. White Mountain Health Center Inc. sued when county officials wouldn’t provide zoning clearances needed under the medical marijuana law.

– Read the entire article at Canadian Business.

Comments

4 Comments

  1. Bhonze on

    What happened to WE THE PEOPLE! The Feds are going to start a Civil War!!!

  2. Paul Pot on

    In a democracy voter driven law pre-empts laws created by legislators.
    When Colorado, Oregon or Washington legalizes this November, federal law and international law will be nullified and made totally redundant and prohibition will collapse completely right around the world.

  3. gutrod on

    Most Federal American prosecutor’s are nothing but a bunch of bullies. Wolves in sheep’s clothing. Nice guy’s need not apply.