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FaceOnMars
Junior Boarder
Posts:274
Listen To The Flower People

Change?!?

#28961 2 years, 11 months ago
I was fooled once, not again!!!!

news.yahoo.com/s/ap/20110528/ap_on_re_us...bGsDYXJpem9uYXN1ZXNq

PHOENIX – Arizona officials are taking the state's own medical marijuana law to court.

Attorney General Tom Horne late Friday sued the U.S. Justice Department and other defendants on behalf of the state and Gov. Jan Brewer.

The suit asks a federal judge to rule on whether strict compliance with the Arizona law provides protection from federal prosecution or whether the Arizona measure is pre-empted by federal law.

The state law approved by voters in November, like those in other states, decriminalizes distribution, possession and use of marijuana for medical purposes under specified circumstances.

However, the U.S. attorney for Arizona has reminded state officials that marijuana remains illegal under federal law.

Horne said the Arizona suit was intended get a court ruling "that makes it clear what direction we can safely go — either to implement the law or that we cannot."

The suit also named medical marijuana supporters, a group representing would-be dispensary operators and others as defendants in the case. Horne said they accepted invitations to be included in the case to ensure the state law gets a vigorous defense.

Brewer announced the planned lawsuit Tuesday, saying she's concerned that state employees could face federal prosecution for regulating the state program.

The governor and Horne, both Republicans, opposed the medical marijuana law but said they weren't trying to thwart the will of the voters. They said the lawsuit is specifically prompted by a May 2 letter in which U.S. Attorney Dennis Burke noted that marijuana remains illegal under federal law and that criminal prosecutors of traffickers and others are possible.

Burke's letter did not specifically mention state employees, but he said his office intends to prosecute individuals and organizations engaged in illegal manufacturing, distribution and marketing involving marijuana.

Burke did not immediately respond to a request for comment Friday, but he told The Arizona Republic there had been no policy change.

"We have no intention of targeting or going after people who are implementing or who are in compliance with state law," Burke told the newspaper. "But at the same time, they can't be under the impression that they have immunity, amnesty or safe haven."

Horne said Burke's letter and similar letters sent by U.S. attorneys elsewhere raised the prospect of federal prosecutions related to medical marijuana, and he noted that a letter signed by U.S. attorneys in Washington state said state employees administering a medical marijuana program would not be immune from liability under a federal drug law.

Saying she was worried about federal prosecution of state workers, Washington Gov. Chris Gregoire vetoed key parts of a legislative measure to clarify her state's medical marijuana law.

Elsewhere, Rhode Island Gov. Lincoln Chafee has suspended plans to license three medical marijuana dispensaries after a U.S. attorney warned the dispensaries could be prosecuted for violating federal law.

In Montana, two medical marijuana providers sued the Justice Department on May 10 to challenge March 14 raids of their businesses. The lawsuit claimed the raids exceeded the federal government's authority, pre-empted Montana's medical marijuana law and violated the providers' civil rights.

A spokesman for a Washington-based medical marijuana advocacy group said the Arizona lawsuit won't accomplish anything because it won't change federal law or enforcement policies and because individual patients can grow their own marijuana.

"Gov. Jan Brewer is trying to hamstring this program," said Morgan Fox of the Marijuana Policy Project.

Between April 14 and Tuesday, Arizona approved 3,696 applications for patients to have and use medical marijuana, including 2,694 for growing up to 12 plants each. An additional 69 applications have been approved for caregivers, who can provide marijuana for up five patients other than themselves.

An application period for dispensaries is supposed to begin Wednesday, but Brewer is expected to direct the Department of Health Services to not proceed with that part of the program.

M. Ryan Hurley, a Scottsdale lawyer for would-be dispensary operators, said they're troubled because the state is not proceeding with full implementation of the law.

"They've invested a lot of time and effort and money in this process in reliance of the law," he said.
83msg1sttyme
Platinum Boarder
Posts:5732

Re: Change?!?

#28971 2 years, 11 months ago
thats a lot of legal mumbo jumbo my eyes rolled over whats the jist of it?
If i told ya all that went down,it would burn off both your ears
the highway terror
Platinum Boarder
Posts:5706
we gonna stay here til we soothe our souls

Re: Change?!?

#28980 2 years, 11 months ago
To me it says the Feds hold the trump card and can wield it like a club , prosecuting (persecuting) anyone they want
The following user(s) said Thank You: Abba
83msg1sttyme
Platinum Boarder
Posts:5732

Re: Change?!?

#28986 2 years, 11 months ago
oh thats sounds about right nothing new there,id be truly surprised pot legal in arizona isnt that sherrif Joe's turf?
If i told ya all that went down,it would burn off both your ears
JStraw
Junior Boarder
Posts:161

Re: Change?!?

#28989 2 years, 11 months ago
It's a strange state. Lots of right-wingers, but obviously enough lefties and libertarians to pass a medical pot law.
Those who hear not the music. . . think the dancers mad.
Abba
Gold Boarder
Posts:1023
I missed Jerry!

Re: Change?!?

#28991 2 years, 11 months ago
But the medical there says you can't grow your own if you live inside of 25 miles from a center
Turn on, Tune in, Drop out
Think for yourself, Escape the gene pools
FaceOnMars
Junior Boarder
Posts:274
Listen To The Flower People

Re: Change?!?

#29077 2 years, 11 months ago
83msg1sttyme wrote:
thats a lot of legal mumbo jumbo my eyes rolled over whats the jist of it?


I take at least two things away from this:

1.) Most importantly, Obama's admin is now increasingly staking out more ground against MMJ (and legalization if you recall the official stance on Cali Prop 19 last fall). This is NOT about change, but preserving the status quo. Call it "slow change" if you must and still under the influence ... but I no longer trust the carnival barker to "work things from the inside". Sure, he's no Bush/Cheney, but this is a no brainer issue for those who support individual liberty. I could give a rats ass about the the "bigger picture" dynamics re: trafficking and other unintended consequences of MMJ legalization ... that's the baggage we need to learn to live.

2.) AZ is up to it's old tricks ... at least that's my take on it. Seems to be an end-run around the will of the voters who approved MMJ. I think there are many opponents currently holding office who are seeking to press the issue at the Federal level in hopes there will be a huge impasse and the feds put the state in a position where they can make some sort of legal argument that they're not going be forced to place state employees in jeopardy of being prosecuted by the feds in order to basically nullify the voter approved initiative.

#2 doesn't have to be if Obama would grows balls, stake out what might be unpopular ground & take the hits ... in the long run he'll receive far more KUDOS in my opinion!
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