This past Thursday Attorney General Tom Horne and Maricopa County Attorney Bill Montgomery continued their quest to end medical marijuana in Arizona. The prosecutors claim the voter approved law is illegal and conflicts with federal drug laws which trumps states law.
"Possession, distribution and cultivation of marijuana are all forbidden by federal law, and state authorization of these activities is pre-empted (by federal law)," Horne said.
However it's important to site the Tenth Amendment to the United States Constitution which was ratified on December 15, 1791. The principle of federalism by providing that powers not granted to the federal government nor prohibited to the States by the Constitution are reserved to the States and/or the people.
Regardless of states rights, both state and county prosecutors disagree with the Constitution, and continue the fight to end the voter approved medical marijuana law.
The prosecutors' are targeting dispensaries applying to open business in the state for patients in need of medication. Some argue this is a personal act against a case of White Mountain Health Center Incs' lawsuit against the county for neglecting to provide zoning clearances for a Sun City location, which are needed under the medical marijuana law.
Horne and Montgomery asked Judge Michael Gordon to dismiss White Mountain's lawsuit on grounds that Arizona's marijuana law is illegal due to the federal stance on medical cannabis. Horne cited cases in other states where it was found that federal law trumps states' medical marijuana laws, Continue Reading...