Arizona's top prosecutor asked a judge Thursday morning to void a key provision in the state's 2-year-old medical marijuana law.
In legal papers filed in Maricopa County Superior Court, Attorney General Tom Horne argued that voters are legally powerless to authorize anyone to sell marijuana as long as it remains illegal under federal law.
The real goal is to get a ruling declaring the state and federal laws in conflict. Horne said that will then allow him to direct the state Department of Health Services to halt the current process of licensing up to 126 dispensaries to sell the drugs.
Horne is not seeking to invalidate the approximately 30,000 cards which the health department has issued to people who have a doctor's recommendation to use the drug. He said there is a technical legal difference to how Arizona law is worded that he believes allows state officials to provide the cards as identification.
But Horne said that, as far as he is concerned, there is "no legal way'' for those people to get their drugs. Not only does he believe that dispensaries are illegal, he contends the state is powerless to allow marijuana users to grow their own drugs.
Maricopa County Attorney Bill Montgomery filed similar paperwork in the same case.
Montgomery, however, takes an even narrower view of the law: He believes the state-issued cards to medical marijuana users also are preempted by the federal Controlled Substances Act.
chatmandu002 posted at 11:21 am on Thu, Aug 23, 2012.
I kind of agree with the state attorney general here. If we can't have all of SB 1070 because immigration is federal law. Then why must we have medical marijuana dispensaries if it's against federal law?
dtmac posted at 2:33 pm on Thu, Aug 23, 2012.
Sure, the federal government can come into the State and enforce the marijuana laws. But Arizona could decriminalize marijuana totally on the State level if desired. The Federal government cannot compel AZ State law enforcement to enforce federal laws.
Engaged Voter posted at 3:32 pm on Thu, Aug 23, 2012.
chatmandu002, does the blatant hypocrisy of Horne escape you?
Fight the feds tooth and nail in immigration.
Bend over for the feds on MM.
Smells like typical political corruption to me...Tom Horne has a track record of being a slimy, dishonest weasel.
chatmandu002 posted at 5:56 pm on Thu, Aug 23, 2012.
Where is the hypocrisy? Seems the courts believe federal laws always trump state law. The attorney general is just asking the courts to decide before the state sets up all these pot shops. Look what's happening in our favorite state of California, the feds are raiding the pot shops. We all know that Obama loves marijuana and would probably have a mj card if he wasn't president. But somehow the courts get in the way and may force his Department of Injustice to enforce federal pot laws unless he passes another royal proclamation to legalize pot.
wdgnas posted at 6:05 am on Fri, Aug 24, 2012.
chatmandu002: what happened to
"Go Jan,
Enforce all the laws all the time. "
GrumpyOldMan posted at 11:10 am on Fri, Aug 24, 2012.
When are these clowns going to start paying attention to the will of the voters? They are all about fighting the federal government when they agree with the state law.
DCobb posted at 1:30 pm on Fri, Aug 24, 2012.
I just want to throw up. Arizona just has too many Righteous politicians who want to impose their narrow minded beliefs on its citizens. . I have lived in Arizona for 16years most of it during the 70's moved to Alaska which is another right wing state as p-roved by its almost Governor Sarah Palin. The difference Alaska is more Libertarian and has written into its constitution strong privacy laws for its citizens they decriminalized Marijuana many years ago making it ok to keep 4 ounces of Pot for personal use it is still illegal to sell it but they are going after the commercial growers and leaving the potheads to smoke in the privacy of their homes it is still illegal to smoke in public This State of Arizona could do the same . The Feds aren't busting the Citizens of Alaska either.
Juggernaut8000 posted at 2:36 pm on Fri, Aug 24, 2012.
But the fed won't enforce immigration laws?
JoeDaWg82 posted at 6:30 pm on Fri, Aug 24, 2012.
The states are under no obligation to enforce federal law, that would render the states completely powerless. The federal government would set the "law" and the one state of America would enforce the "law". It isn't like that. The feds can enforce federal law all they want, but the states do not have to help. I'm pretty shocked to hear my fellow conservatives mumble out about the federal government. We were not supposed to be federal lap dogs, this is not what the founding fathers had in mind. I'm angry about the immigration ruling as well, but that has nothing to do with this issue. The states never have to enforce federal law, we might as well make Obama king.