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Gov Brewer Asks Federal Judge To Void Dispensary Provision Of Arizona Medical Marijuana Law

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arizona marijuanaBy Phillip Smith

Gov. Jan Brewer (R) decided Wednesday to ask a federal judge to throw out a central component of the state’s voter-approved medical marijuana law. The decision came just two days after a federal judge threatened to dismiss Brewer’s lawsuit seeking clarity about medical marijuana regulations if the state did not take a position on whether it can implement the law despite federal statute or whether federal law preempts it.

Gubernatorial press aide Matthew Benson told Capitol Media Services that Brewer is now taking the position that federal law preempts a provision in the law that requires the state to regulate and permit more than 100 medical marijuana dispensaries. The state will ask US District Court Judge Susan Bolton to rule that Arizona cannot process dispensary applications.

Jan Brewer marijuana leaves

Gov. Jan Brewer

“She does support the will of the voters,” Benson said, even though she opposed last year’s successful initiative. “But she also has to look out for the well-being of her state employees. No state employee should be put in a position where they could face federal prosecution simply for doing their jobs.”

Joe Yuhas, spokesman for the Arizona Medical Marijuana Association, which led last year’s campaign, slammed the governor’s decision. “That’s unfortunate,” he told Capitol Media Services. “I also think it’s somewhat ironic that a state government that seems to continuously question federal preemption, whether it’s health care or immigration, now runs behind that shield in an effort to thwart the will of the voters.”

He added that the whole federal lawsuit seeking clarification is a waste of time and money. While Arizona’s law, like those in other medical marijuana states, differs with the Controlled Substances Act in allowing medical marijuana use and distribution under state law, no state or local official anywhere has been prosecuted for undertaking actions to regulate medical marijuana in states where it is legal, he noted.

The Arizona law lets persons with specified medical conditions obtain and possess up to 2 ½ ounces of marijuana per week. Some 16,000 people have registered to do so. Brewer is not seeking to invalidate that part of the law.

The law as approved by voters only allowed patients or caregivers to grow their own if they were located more than 25 miles from a dispensary. But if Arizona ends up with no dispensaries, any patient could grow his own.

Article From StoptheDrugWar.orgCreative Commons Licensing

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  • Hey people,How much is it gonna take to get up off your ass an pay attention to our gov. How much of our freedom are we gonna let gonna let go of????I’m sorry but Gov. brewer HAS TO GO>>>She doesn’t care about we the people an how many times has she an other gov.officials proved that to us . but we still let it go.Come on america,Lets find out how to TAKE AMERICA BACK FOR WE THE PEOPLE.!!!!!I want the right to decide for myself if things are good for me or not!!! If our freedom of choice is compromised then we have a dictatorship.The choice is ours,free will or no will at all.How ya doin America

  • Monte

    ” Insanity is doing the same thing over and over expecting a different outcome” Albert Einstein” We could feed people using $$$ from the war on drugs. Who was it that said Gorbichof Tear down this wall.

  • Jdobbs

    Thank you Malcom Kyle, that was brilliant!

    “Prohibition is nothing less than a grotesque dystopian nightmare; if you support it you must be either ignorant, stupid, brainwashed, insane or corrupt.”

    I’ve never seen such an exact statement sum up all of prohibition so briefly. It perfectly explains the loathing we all have for our prohibition spewing politicians. Who would ever choose vote for someone who is ignorant, stupid, brainwashed, insane or corrupt? Only those who are of the same likeness would do such a thing. Wake up America, seriously…

  • malcolm kyle

    Governor Brewer has intimate ties to Corrections Corporation of America. – Her Chief of Staff, Paul Senseman, is a former CCA lobbyist, and his wife is currently a lobbyist for the company.  Brewer’s campaign manager and senior policy advisor, Chuck Coughlin, runs a consulting firm that also lobbies for CCA in Arizona.

    http://www.youtube.com/watch?feature=player_detailpage&v=s-nUM4Gzv-I

    An appeal to all Prohibitionists and Fence-Sitters:

    Because Drug cartels will always have an endless supply of ready cash for wages, bribery and equipment, no amount of tax money, police powers, weaponry, wishful thinking or pseudo-science will make our streets safe again. Only an end to prohibition can do that! How much longer are we willing to foolishly risk our own survival by continuing to ignore the obvious, historically confirmed solution?

    If you support the Kool-Aid mass suicide cult of prohibition, and erroneously believe that you can win a war without logic and practical solutions, then prepare yourself for even more death, tortured corpses, corruption, terrorism, sickness, imprisonment, economic tribulation, unemployment and the complete loss of the rule of law.

    The only thing prohibition successfully does is prohibit regulation & taxation while turning even our schools and prisons into black markets for drugs. Legalized Regulation would mean the opposite!

    Prohibition is nothing less than a grotesque dystopian nightmare; if you support it you must be either ignorant, stupid, brainwashed, insane or corrupt.