Arizona Medical Marijuana Program in Trouble: Brewer Halts Dispensary Permits While Seeking Federal Ruling on Legality -- **Update With Gov's Statement

Categories: Medical Weed
marijuana grow room.jpg

Arizona leaders are preparing to ask to the feds to put a halt to Arizona's medical marijuana program.

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UPDATE: Arizona Attorney General Tom Horne says no dispensary permits will be issued until a federal court rules on the legality of the program. He's not sure how long that could take.
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The Arizona Department of Health Services just put this on its Web site:

We understand that the Governor and the Attorney General are preparing to file a declaratory judgment in federal court regarding the implementation of the Arizona Medical Marijuana Act. When further information is available, ADHS will update you. Until then, the Department will continue to issue Qualifying Patient and Designated Caregiver Registry Cards on our website.

Governor Jan Brewer and Arizona Attorney General Horne held a news conference at 2 p.m. about this -- we weren't there, but we'll get an update to you as soon as possible.

The news comes a few weeks after U.S. Attorney Dennis Burke warned Arizonans in a letter to DHS that the voter-approved medical weed program, and nearly anyone engaged in it, violates federal law.

What we've heard, aside from the DHS announcement, is that Brewer and Horne liked Maricopa County Attorney Bill Montgomery's new theory that no dispenaries should be allowed because the feds say anyone who helps distribute or cultivate medical marijuana is breaking the law. The federal injunction -- if it's issued based on the request for a judge's ruling -- apparently will take this idea statewide.

If the feds agree, the "billion-dollar industry" we've been telling you about will be on hold.

However, neither a federal injunction nor the halting of dispensary permits should affect the ability for qualified patients to obtain state approval to possess marijuana. State and local law enforcement would still be banned from prosecuting qualified patients.

That's not much of a silver lining to this potential black cloud, though, because it means most patients would have difficulty obtaining marijuana without dispensaries.

The sad part here is the rank hypocrisy of these politicians. They're perfectly willing to spend taxpayer dollars defending Arizona Senate Bill1070 from federal interference, but because they disagree with medical marijuana, the feds become their friends.

UPDATE: The Arizona Daily Star in Tucson just posted a bit of news about this, saying the news conference is still going on, but that Brewer wants the feds to rule on the legality of Arizona's program. An injunction could mean a delay to the state's planned issuing of marijuana-dispensary permits next month, the article says.

See below for Brewer's news release:

Brewer Pot Feds 1


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82 comments
MegN Burke
MegN Burke

I have to agree with J - this does bring up a bonus that I don't believe the governor predicted. If the dispensaries were licensed it would mean that a lot of patients within 25 miles of them would be unable to grow their own medication thus making it even more difficult for the government to monitor and regulate. 

concernedparentandtaxpayer
concernedparentandtaxpayer

 

For some insight into who DOES benefit from Ms. Brewer's actions, here’s a bit on Ms. Brewer from Wikipedia:

“The Brewer administration has also beeninvestigated by KPHO for hiring Chuck Coughlin and Paul Senseman, bothlobbyists for Corrections Corporation of America, as a policy advisor andcommunications director.[39] Although Coughlin continues work as both a lobbyistand policy advisor, Senseman no longer does work for CCA. CCA operates sixprivate, for-profit prisons in Arizona.[40] ”

Here’s the KPHO story, including a description oftens of thousands of dollars in campaign money from Corrections Corporation. http://www.kpho.com/news/24834...

So Ms. Brewer is working to keep marijuana illegaland is at the same time hiring staff from a very large, for-profit prisoncorporation and taking campaign money from them? The AZ campaign finance siteis at http://www.azsos.gov/cfs/Campa... but it’s not workingfor me; can anybody go in and see how much Ms. Brewer has taken from the prisonindustry? Is that really the government that we want… run by the prisoncompanies?

ArloPear
ArloPear

come on guys... it's W-A-T-E-R! it comes from the E-A-R-T-H!! it doesn't matter if it has parasites or salt ....it's H20!! drink it!! forget purifying it... just DRINK IT... it's W-A-T-E-Rwhy would any of you expect a Gov. handout to purify your water for you??? DUH!! watch youtube and find a video on purifying your own water.. seeing as it comes from the sky... and ummm... the earth n'stuff - TYPICAL LIBERALS wanting us hard-working citizens to pay to purify your water!! geez!

Erowid
Erowid

The fuck are you talking about?

Albert
Albert

This is going to be long... sorryA declaratory judgment is a judgment of a court in a civil case which declares the rights, duties, or obligations of one or more parties in a dispute. A declaratory judgment is legally binding, but it does not order any action by a party. In this way the declaratory judgment is like an action to quiet title, a paternity petition, or any other form of preventive adjudication.[1] The declaratory judgment is generally distinguished from an advisory opinion because the latter does not resolve an actual case or controversy. A court may issue a declaratory judgment by itself or along with some other relief (such as an award of damages or an injunction). A declaratory judgment is sometimes called a declaratory ruling, a term which also includes decisions of regulatory agencies.  An advisory opinion is an opinion issued by a court that does not have the effect of adjudicating a specific legal case, but merely advises on the constitutionality or interpretation of a law. Some countries have procedures by which the executive or legislative branches may certify important questions to the judiciary and obtain an advisory opinion. In other countries or specific jurisdictions, courts may be prohibited from issuing advisory opinions.Brewer is directing Horne to challenge the legality of Voter Apporved Prop 203. And have him file a declatory judgement to see if the law is legal under Federal Law? And If state workers could be procecuted under the state law. I don’t understand why she isn’t writing another formal letter to the United States Attorneys office asking for guidance, or clariflication. And not if the law is legal under Federal Law- We The People know that the Goverment is do the will of the voters.   Instead she has choosen to go agaisnt the will of the people, and challege a voter enatcted law with a declatory judgement. When Really, she should be sending another formal letter, or even filing for an advisory opinion. I think they think they can hide behind the declatory judgement. If and when they rule against Arizona it will show that the governor and attorney general did not follow the will, and defend Arizona’s law the most effective way. Seriously… send another fomal letter, or an advisory opinion!!!!  We have 16 states plus Washington DC that have medical marijuana laws. Just yesterday 3 bills were introduced into congress to help protect medical marijuana patients, providers, and help develop more control to allow such use. They can’t hide behind their declatory judgment, when there are other ways to get answers. This will show they are going against the will of the Arizona voter.

Adam
Adam

Jan Brewer is a coward. When the people vote on something and win, it is her duty, not only as governor, but as an American citizen, to allow the vote to carry through, and not to weasel the people out of their honest votes on some stipulation. Just because she wants something does not mean it is best for the people, and if more than 50% of the vote disagrees with her opinion, it is time for her to LET GO. Thank you, Jan Brewer, for making people with degenerative illnesses be in complete pain for their last few days on Earth. Thank you for putting terminal patient's lives in even more jeopardy by forcing them to go to drug dealers, whose marijuana is not tested nor is it monitored to ensure that it isn't laced with anything, further endangering the patient's life. Thank you for being able to let people die, slowly and painfully, because you have an "opinion". Your opinions are not worth the pain they are causing.

concernedparentandtaxpayer
concernedparentandtaxpayer

Here’s a bit on Ms. Brewer from Wikipedia:

“The Brewer administration has also beeninvestigated by KPHO for hiring Chuck Coughlin and Paul Senseman, bothlobbyists for Corrections Corporation of America, as a policy advisor andcommunications director.[39] Although Coughlin continues work as both a lobbyistand policy advisor, Senseman no longer does work for CCA. CCA operates sixprivate, for-profit prisons in Arizona.[40] ”

Here’s the KPHO story, including a description oftens of thousands of dollars in campaign money from Corrections Corporation. http://www.kpho.com/news/24834...

So Ms. Brewer is working to keep marijuana illegaland is at the same time hiring staff from a very large, for-profit prisoncorporation and taking campaign money from them? The AZ campaign finance siteis at http://www.azsos.gov/cfs/Campa... but it’s not workingfor me; can anybody go in and see how much Ms. Brewer has taken from the prisonindustry? Is that really the government that we want… run by the prisoncompanies? 

helentroy4
helentroy4

I feel for all of you. I really do. If I were still living in Arizona I wouldn't have any hair left... would have pulled it out being as frustrated as everyone over the hypocrisy that exists there.

They'll fight the feds for a bill that has racist overtones but they don't give a shit about the sick and people in pain.

I bet most of the voters thought that when they gave themselves the right to vote in a law in response to having their taxes dumped into corporate pockets of builders and developers; I'll bet that they thought that they had empowered themselves.

Not.

You are being held captive by a very ugly and stupid state government. Go over to Yahoo and read the comments on an article they have about Sheriff Joke personally investigating and arresting the three MCSO officers. Not only the usual go get em Joe but on top of that the racist comments that say if your last name even sounds Mexican then you are here illegally and will be deported, never mind that the officers were all American citizens.

In the meantime, Brewer's violent criminal convict felon son is protected from those icky jails by getting his own private room at the state hospital. On YOUR dime.

I feel the frustration. I loved my wonderful state of Arizona. I just don't know where it's gone.

David Schuff
David Schuff

This probably has more to do with political jockeying for the Feds to draw a line in the sand on how they deal with States rights, so AZ can have ammo for the 1070 push. Irregardless the dispensaries were by design of 203 unethically crafted to be monopolies controlled exclusively by the elite wealthy. The Arizona middle class that desperately need a chance to participate in practically the only thriving market sector in our abysmal economy were on the verge of being laid under the tracks of the dispensary money machine!

 I sincerely hope that not one dispensary ever opens in Arizona under the present law! I wisely wish that patients are free to grow their own medicine and if they are unable to produce it themselves, can find caregivers that will provide them with it for free. Halting the 50 mile wide rings of suffering and greed created by the dispensaries is a Godsend!

Albert
Albert

According to Horne, some states have halted their medical marijuana programs completely in view of those threats of prosecution.“We took a neutral position,” he said. “We have not sought to undo the will of the voters, nor have we sought to give implementation to our own views of the merits of the situation. … We’ll let those with an interest in the subject actually do the arguing for one side or the other on the merits of it. We simply think a court has to rule on it.”  Hahaha… that’s some BS!!  They have sought to undue the will of the voters of Arizona. They are supposed to protect and defend our laws, and not ask a court to invalidate our laws. If they were really concerned, they would have stopped every interaction with the state and patients. He said that the people who have in interest would do the arguing for one side or the other on the merits of it?? I think he’s saying that the dispensary owners, and patients, and doctors are going to defend their position of the law, and that they won’t defend our voter approved law??? Does that mean he’s not doing his job???  I’m not even going to get started with SB1070…..

concernedparentandtaxpayer
concernedparentandtaxpayer

Here’s a bit on Ms. Brewer from Wikipedia:

“The Brewer administration has also beeninvestigated by KPHO for hiring Chuck Coughlin and Paul Senseman, bothlobbyists for Corrections Corporation of America, as a policy advisor andcommunications director.[39] Although Coughlin continues work as both a lobbyistand policy advisor, Senseman no longer does work for CCA. CCA operates sixprivate, for-profit prisons in Arizona.[40] ”

Here’s the KPHO story, including a description oftens of thousands of dollars in campaign money from Corrections Corporation. http://www.kpho.com/news/24834...

So Ms. Brewer is working to keep marijuana illegaland is at the same time hiring staff from a very large, for-profit prisoncorporation and taking campaign money from them? The AZ campaign finance siteis at http://www.azsos.gov/cfs/Campa... but it’s not workingfor me; can anybody go in and see how much Ms. Brewer has taken from the prisonindustry? Is that really the government that we want… run by the prisoncompanies? 

Miles Mcguire
Miles Mcguire

Govener Brewer is a stupid CUNT the people passed it so fuck off CUNT you will never get reellected not even in Mexico stupid Cunt

Albert
Albert

Where is the money coming to fight the will of the people? Isn’t that a crime just by itself?  Maybe we need to pass more legislation that prevents this kind of behavior from our elected officials??? I really thought the Voter Protection Act was enough. I guess since they don’t want to follow the law they’re asking the Feds to gut our law because legally they can’t. The main issue and excuse is that she wants to know if state employees are at risk, but no state employee in the United States has ever been prosecuted for doing their duties under a state medical marijuana program.  Brewer and Horne are trying to ask about the legality of the law. Which is bogus…  And David… she has to go along with the law. From the beginning Brewer was against this.  All she’s done is give the appearance of being in support of a voter approved law. The Tenth Amendment reads, in its entirety: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Michael
Michael

This is very troubling. Is it not the role of the state government to defend laws passed by legitimate means that do not violate the state Constitution? If the state leadership not only fails to defend the legitimate will of their citizens, but actively opposes it, where then is their legitimacy? Why do they have any authority at all? They clearly are not deriving it from the people. If this does not apply to laws that may run contrary to federal laws, why then are they spending so much taxpayer's money defending SB1070? 

Dennis Ambruso
Dennis Ambruso

Brewer should be recalled immediately for refusing to start a program voters approved. She is not doing her elected duties so she should be removed. On one hand she sues the Federal Government and on the other she is their best friend. 15 other States has voted and approved MM and all their programs are in place. So what's the problem with Brewer?

ExpertShot
ExpertShot

Ray Stern writes:"The news comes a few weeks after U.S. Attorney Dennis Burke warned Arizonans in a letter to DHS that the voter-approved medical weed program, and nearly anyone engaged in it, violates federal law. "

What do ya think folks - Is it time to change the federal law?

ZeD
ZeD

So it's all about state's rights until it's anything remotely Bohemian. Yeah, that sounds about right.

BLKMANHATESOBAMA
BLKMANHATESOBAMA

Jan B is an asshole!  This is what we get for losing our republic.  The only way to keep these usurping schmucks from interfering in our PRIVATE LIVES is to RESTORE the DeJure govts!  I can't understand why we keep permitting the FOREIGN CORP, the U.S. Inc and it's peons to dictate to PRIVATE men and women what they can and cannot do.

Maybe if we'd support the only lawful govt that ever was (DeJure Govts) we can go back to being private individuals.  We wouldn't even need PERMISSION from any elitist prick what we can grow, how much, or anything else for that matter.

This is what happens when we depend too much on others for assistance. We need to get back to basics as a country, and kick this Fed govt and State employees to the curb.  We don't have any rights, and cannot claim a breach of THEIR constitution, because Padelford, Fay & Co v The Mayor and Aldermen of Savannah GA lets us know as private persons we are NOT a PARTY to it.

blkmanhatesobama.comblkmanhatesobama01 on Y/T

Guest
Guest

I hope Obama tells Brewer to kiss his a##! After telling the Feds to repeatedly buzz off with immigration, NOW that they don't like what the voters did, the state needs the Feds to issue a declaratory judgment?  What happened to that big states rights argument?????

Arizona is about to become the laughing stock of the nation...once again...and to expend a lot of money to fight a losing battle.  Once the state files the suit, other parties are going to enter into the lawsuit AND seek a temporary restraining order to make sure that the program gets implemented.Will Humble did what he was supposed to do and now 8 days before implementation the state is claiming they're concerned about state employees being arrested.  There are patients who truly NEED this relief and it was only 8 days away from becoming a reality. 

No matter how many bogus arguments the state wants to raise, MMJ WILL come to Arizona sooner than later!  

Embarrassed Arizonan
Embarrassed Arizonan

What a crock!  If the state is concerned about state employee liability, why not utilize private parties who are willing to assume the risk.  The state's getting 5 grand per application; I'm sure a qualified, independent third party would be more than happy to implement the program. 

Gerry_C
Gerry_C

"For these reasons and others, a declaratory judgment action regarding medical marijuana in Arizona is necessary to determine whether AMMA  violates  federal law  and, therefore,  is  void."Totally different approach than the one taken over 1070.

Albert
Albert

I only double spaced... I swear

Albert
Albert

With all the budget problems, the state goes and doessomething to block, and try to invalidate a Voter Approved Law…. The Feds neversaid they would go after any state official for doing their job. Just everyoneelse…

 

Brewer and Horne are trying to stop the entire program. Theyshould be requesting clarification whether or not state employees would beprosecuted under a voter approved law, and not if the entire law is illegal.

 THIS NEXT SECTION isfrom the governors letter dated 5-24-2011  

For these reasons andothers, a declaratory judgment action regarding medical marijuana in Arizona isnecessary to determine whether AMMA violates federal law and, therefore, is void.

 

They don’t want to issuedispensary licenses, but they’ll keep issuing patient certifications??? Thatjust shows how stupid these politicians are. Oh we can’t issue a dispensarylicenses because our state employees could get arrested, but we’ll keepapproving patient certifications??????? The excuse is… Brewer fears that stateemployees could be prosecuted for following state law, but she’s trying to getthe entire law thrown out. WRONG!!

 

Relating to the Letter from U.S. Attorney Dennis Burke… She has also said "Thatletter muddied the waters," Brewer said at a news conference. "Iintend to get answers because people's lives and careers are at stake." Isay the same thing about HB2541 and HB2585.

 

The Federal Governmentalready ruled against Arizona for not following a voter approved law, it wasthe Supreme Court, and it used prop 105-Voter Protection Act to render it’sdecision.

 

And to this date no state employee has been charged andprosecuted for doing his or her duties under a state/ voter approved MM law.

 

And there already is precedence for states that don’t wantto comply with Medical Marijuana Laws- San Diego County 2005- you can Googleit. 

J Curwen
J Curwen

Look, Brewer probably doesn't believe any of that crap. She probably doesn't even understand the arguments her lackeys are making. Brewer is not the brightest crayon in the pack. This is just a shotgun approach to litigation that uses any argument that might fly.

These bureaucrats don't believe any of that states' rights stuff, either. They are afflicted with a sever case of cognitive dissonance double-think. They just want what they want in the end and will do whatever is necessary to achieve those ends. If they have to argue for states' rights in one case and against states' rights in another, no problem.

Guest
Guest

Did anybody really believe that the party of "Less government meddling" and states rights would ever let this program come to fruition? this is a shining example of conservative "Principles" at work. I guess we shouldn't expect different from Gov. "Has Did", and an AG who looks like Elmer Fudd.(but is not as bright as Elmer)

LEE COLE
LEE COLE

 why worry? there is no meaning to life. there is no god or after life so none of this matters either. by the way you never showed up to our Saturday night boxing night psychbob at the Hells Angels Phx clubhouse. why is that? I thought  nam vets were tough guys. i guess not. are you a hype? LEE COLE HELLS ANGELS MC PHX AZ

Guest
Guest

I love that you think that just because a person is an atheist, they see no intrinsic value in life. I thought HA were tough guys; but apparently you need an imaginary friend in the sky, and promises of a utopia above to make life worth living... thats just funny shit.

Margie
Margie

 He is also likes to say he is a Vietnam Vet.

J Curwen
J Curwen

I love your grammar.

Erowid
Erowid

Hi there :) How YOU doin'?

Margie
Margie

 Are you an English teacher? if not shut the Fuck up asshole.

Marta
Marta

you would love my tight juicy pussy to.

Jim
Jim

 hey your that un godly non believer guy who is an atheist. your opinions dont matter.  move on.................

Blaine
Blaine

Hey, you're the moron who can't spell or write a coherent English sentence.

GuestyMcGuesterson
GuestyMcGuesterson

What does personal belief matter in this context?I'm anti-theist, and you bet your ass my opinions matter more than yours, as I am still able to use common sense. Have fun in the heard you lil' indoctrinated sheep you..

Erowid
Erowid

Way to take a joke! This is sarcasm at its finest and it whooshed over you like a warm shower.

RetiredArmy
RetiredArmy

This is complete bull. For gods sake why are the republicans attacking the sick and elderly on every level. I spent a life time serving a country I thought was about freedom and democracy and these assess are making a mockery of those concepts.This is going to effect a lot of veterns like me who have service connected injuries that cause pain. This is by far the best medicine with no side effects other than feeling good. Jan and the rest of her gang want veterans to suffer. What a piece of shit.

Democracy in Arizona is now officially dead.

Walter Concrete
Walter Concrete

Every morning Jan wakes up to her federal bat phone ringing and on the other end is one of the countless federal commissioners issuing the instructions of the day...say this and then that and then drain all the life out of your citizens by making them jump through fiery hoops lined with razor wire.    Finally, tell your citizens they are breaking federal law if they comply with Arizona laws which were passed knowing full well that those laws are by definition in violation of federal law and then sue the federal government which will be a total waste of time because the case will be heard by a federal judge who will never side with the state.   After all that money is given to the attorneys to fund their retirement accounts then tell your citizenry that all public programs are now cancelled because there's no money available for anything that the people want, only for what they don't want or need.

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