Arizona Sues Feds Over Medical Marijuana
Arizona Governor Jan Brewer filed a federal declaratory action suit today against the Department of Justice, Eric Holder, U.S. Attorney Dennis Burke and some medical marijuana groups, asking the court to rule whether Arizona's medical marijuana law is valid when federal law prohibits it. The complaint is here and the exhibits with the letters from U.S. Attorneys and DOJ memos are here.
Despite the Governor's claimed and transparently false concern that Arizona's law puts state workers at risk of federal prosecution, medical marijuana advocates say the lawsuit is designed to thwart the state law. Yesterday, U.S. Attorney Dennis Burke said that despite the threat of the lawsuit, which now has been filed, medical marijuana in AZ is not at risk and Gov. Brewer is distorting the facts. [More....]
The Eastern Arizona Courier notes:
In her press release, Brewer said she is ordering the lawsuit to protect state employees who are charged with issuing medical marijuana patient cards and dispensary licenses and questions the Arizona Department of Public Safety's ability to maintain federal grant monies due to the law.
Governor Brewer isn't fooling anyone. She's trying to supplant the will of Arizona voters with her own views.
The ACLU will defend the Arizona Medical Marijuana Association (AzMMA) and the constitutionality of Arizona's medical marijuana law. More from them here.
More indications the lawsuit is a smokescreen: Patients in AZ can use and possess medical marijuana without a state card. So the state can refuse to issue cards, and it won't affect patients' rights.
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