October 9, 2012

All Eyes on Arizona as Hearing in Landmark Medical Marijuana Court Case Approaches

Image of Arizona flag and medical marijuana

The next few weeks will be extremely important ones for medical marijuana in Arizona.

On Oct. 19, a judge will hear oral arguments in the White Mountain Health Center vs. ADHS case, which pits the medical cannabis industry against local and state officials who want to shut down the whole MMJ program.

The stakes are high, as the outcome of the case could ultimately determine the fate of dispensaries and other cannabis-related businesses in Arizona and even other MMJ states.

The process is expected to move quickly after oral arguments, and observers say the judge could make an initial ruling by the end of the month.

White Mountain – a non-profit organization set up to open a dispensary in Arizona – filed the lawsuit after Maricopa County Attorney Bill Montgomery declined to provide the required zoning documents for an MMJ center in the area.

Montgomery argues that federal laws trump the state’s MMJ program and has expressed concerns that allowing dispensaries to open would put city workers at risk of prosecution. He and Arizona Attorney General Tom Horne filed separate motions for summary judgement on the case to help speed up the process. They have asked the court to dismiss the White Mountain suit, which would give them the legal justification they need to prevent dispensaries from opening.

“It is the county’s position that the AMMA is in direct violation of the federal Controlled Substances Act and therefore cannot be implemented without exposing county employees to the risk of federal prosecution,” Montgomery said in a recent press release. The state’s medical marijuana act, he added, “also runs afoul of the Supremacy Clause enshrined in the US Constitution by our Founding Fathers, which preempts state law that conflicts with federal law.”

If the judge rules in favor of the county, Arizona officials could theoretically seek to dismantle the state’s MMJ program. But if the court backs White Mountain, the county and state would have to abide by the medical cannabis law, and dispensaries would open up as planned.

Last week, the American Civil Liberties Union officially threw its weight behind the MMJ community, joining White Mountain’s lawsuit against the county.

The Arizona medical marijuana industry will gather Oct. 17 in a show of support for White Mountain at an event hosted by CannaJobs. Attendees will get updates about the case and advice as to how they should proceed with their MMJ business plans amid the current uncertainty.


3 Comments:

  1. I wish that someone would take the time to look at the tenth amendment to our constitution. Its been over 30 years ago that I read it. but as far as I know, two thirds of the voting population has not voted to change the constitution. So it should still be in effect.
    As I remember it. the federal government has no control over state rules and laws. Unless what ever it is that the state does, crosses over the state boundaries. If it does, then it becomes interstate laws, then the Federal government can then jump into the fray, with all four feet.
    Right now the DEA is saying that the marijuana is showing up in other states and that gives them the right to come into the state and claim that federal law trumps state laws.
    If the states would put a penalty so harsh that people would keep the stuff with in the, states, that it was grown in then the DEA would have to keep their noses out of state business. I would be right down hostel to any one that caused me to loose my rights
    Right now all these problems with the DEA is caused by some greedy (south end of a north bound donkey) trying to make a few extra bucks. When found,they ought to have a blacksnake whip taken to their rear end, for having to make the rest of the people suffer.
    As I have tried to teach my young-uns, what is good for one, is not necessarily, good for the many. And when you hurt someone then you should have to pay for it. in terms of just how bad you hurt them, you should get hurt yourself.

  2. From the beginning it was set up to fail with such strict regulations and guidelines. It was the grapes the fox keeps jumping for, only to find out when he finally gets the grape, it’s sour. Ask why so much trouble over a harmless yet helpful plant? Oddly enough it’s because they too many money from it’s illegality

  3. @william if it wasn’t for the pesky 14th amendment.

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