Tom Horne, Arizona Attorney General, Worked With Anti-Prop-203 Leader Carolyn Short on Federal Lawsuit Idea

Categories: Medical Weed

short carolyn facebook 1.JPG
Image: Carolyn Short's Facebook site
Carolyn Short, leader of the "No on 203" movement, admits she's actively trying to defeat the voter-approved medical marijuana law. Tom Horne and Jan Brewer appear to be taking her cues.

Arizona Attorney General Tom Horne discussed a plan to launch legal action against the state's medical marijuana law during a January sit-down meeting with the law's biggest opponent.


Carolyn Short, who led last year's unsuccessful campaign to defeat Proposition 203, refers to the meeting in a February 16 letter to state Department of Health Services Director Will Humble:

On January 10, 2011, [former Arizona U.S. Attorney] Paul Charlton and I met with Attorney General Horne to discuss our conclusion that implementation of Prop 203 would subject you and other ADHS employees to federal prosecution for violating the Controlled Substances Act ("CSA").

AG Horne suggested that he could file a declaratory judgment action, asking a court to determine whether the implementation of Arizona's law would subject you and other ADHS employees to the risk of federal prosecution under the CSA.


Last month, Horne and Governor Jan Brewer put that idea into action and filed a lawsuit in U.S. District Court, asking the federal court to make a declaratory judgment on the legality of Arizona's new law.


pot plants in pots.jpg

The officials claimed at the time that a letter to Humble by U.S. Attorney Dennis Burke prompted them to file the lawsuit. Though Horne and Brewer had openly opposed Proposition 203 before voters passed it, Horne claimed to reporters last month that he and Brewer were taking a "neutral" stance on the new law.

Short's letter lays rest to the notion of neutrality. And it makes Burke's May 2 letter, which merely reiterated that marijuana was against federal law, (okay, there was some new stuff about the potential risk to "property owners, landlords and financiers), appear to be little more than political cover for Horne and Brewer to launch a pre-planned attack.

Short e-mailed the letter to New Times yesterday after we asked for records of her contacts with Horne or Brewer, the state officials behind the recent attack on the law. She's a die-hard marijuana prohibitionist who makes no excuses for her activism:

"We did not stop working after the law passed," Short tells us.

She waffles a tad, however, when we ask whether anyone working with the "anti-203" campaign contacted the offices of Brewer or Horne directly after Burke's May 2 letter was made public. Though she didn't recall talking to the politicians or their representatives about Burke's letter, she says she's not sure if anyone else did. (Short adds that at one point, Horne asked her group to become a defendant in the lawsuit. She declined "because our interests are aligned with the Department of Justice...")

Short disagrees that Horne and Brewer are doing what she wanted: She's urged officials to cancel the whole program.

Horne and Brewer, in conjunction with their lawsuit, directed Humble to start rejecting applications for marijuana dispensaries, but they've allowed the DHS to continue taking applications for qualified patients and "caregivers" who can obtain pot legally for up to five patients.

We talked to Horne briefly about medical weed yesterday, asking him about how the decision was made to reject dispensary applications while accepting the other applications We're still gathering info on that angle; Brewer's office hasn't returned a message we left on Monday.

Horne confirmed to New Times that he had met with Short in January, but that was before we'd seen the letter. We're hoping to chat with him again about this issue.

horne.jpg
Arizona Attorney General Tom Horne

Also worthy of more exploration: The February 16 letter by Short states that two weeks after the meeting between her and Horne, the AG "indicated that he would not file a declaratory judgment action because his 'client, Will Humble' did not want him to do so."

Laura Oxley, spokeswoman for DHS, says she'll pass a message to Humble for us -- naturally, we want to ask him who changed his mind for him. Humble's position, after all, is dependent on Brewer's whim.

Besides mentioning Horne's idea for a federal lawsuit, Short's letter lays the groundwork for the theory that state employees are at risk of being prosecuted by the feds simply by carrying out the wishes of voters. A legalese-filled memo published on Short's Web site (keepazdrugfree.com) months ago reaches the same conclusion.

Horne and Brewer claimed last month in public statements and their lawsuit -- in which they are plaintiffs, by the way, against those who would defend the will of voters -- that they're concerned about the fate of state employees.

Yet Burke never threatened state employees in his own letter, and the idea that the Obama Administration would arrest Will Humble for rolling out a voter-approved medical marijuana program seems far-fetched. Burke even stated publicly after the lawsuit was filed that he never intended to arrest state workers.

We'll take a quick moment to remind you that Horne and Brewer don't give a roof rat's patoot about seem to respect what the feds think when it comes to the immigration-related laws, SB1070 and Prop 200, the latter of which was approved by voters in 2004. As can be seen in our blog post yesterday, the Ninth Circuit Court of Appeals has already ruled that Prop 200 -- which requires proof of citizenship in order to register to vote -- is unconstitutional -- but that's not stopping Horne and Brewer from defending it.

Brewer and Horne could have let Burke and the DEA make the first move against Arizona voters, then defended the medical marijuana law as vigorously as they're defending the immigration laws.

Instead, the governor and AG appear to be working in concert with Proposition 203's opponents to defeat the law by any means necessary.

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Short's anti-Prop-203 coalition, Keep AZ Drug Free, didn't stop working after the election.


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45 comments
shortskirt
shortskirt

Hi I am Carolyn Short and I have a law degree and I am a fucking moron and what people are allowed to do in general is really none of my fucking business...but as I said I am a fucking moron. Also I hope, as I am being dried humped by some Christian man, that I may be able to get on Dr. Phil. Confession: not really Carolyn Short but I gleen she would agree with these sentiments.

Guest
Guest

When man dictates how other men should live, you have lost your way...When man allows for others to control his way of living. You have lost again..

767
767

Dennis Burke is up to his armpits in 2000 assault rifles that will be haunting him at various crime scenes for the next decade...Or, nine years and nine months after his resignation from the DOJ. Medical marijuana is the last thing on his mind.

Jan and Tom can be handled by a simple injunction...

LeapSpeaker
LeapSpeaker

When elected officials go against the will of the people, it's time to show them the will of the people next election.

ExpertShot
ExpertShot

 "Life, Liberty and the pursuit of Happiness" is one of the most famous phrases in the United States Declaration of Independence and considered by some as part of one of the most well crafted, influential sentences in the history of the English language.[1] These three aspects are listed among the "unalienable rights" or sovereign rights of man.

The PURSUIT OF HAPPINESS.  Regardless of whether a person is using the substance as medicine or recreationaly - to PURSUE HAPPINESS, these traitors are violating our constitution by trying to ban any substance a citizen of this country wants to use to help them PURSUE HAPPINESS.

GOD gave us this right and man can not take it away.  That is what our Declaration of Independence says.  Short is a traitor and in violation of the laws of this country.  In fact, the Supreme Court should declare any federal law outlawing a substance that could be used by any citizen to PURSUE HAPPINESS null and void. 

The federal government is prohibited from interfering in an individual's right to pursue happiness. 

FUGEMALL!!!

wherewasi
wherewasi

Carolyn looks like a prissy bitch who should be starring in Toddlers and Tiaras.

Albert
Albert

ohhhh... its a bit late.  Here's another thing I thought I'd post. Interesting read... Now can we get them to the job they swore to do???

E. In addition to any other form of oath or affirmation specifically provided by law for an officer or employee, before any officer or employee enters upon the duties of the office or employment, the officer or employee shall take and subscribe the following oath or affirmation:State of Arizona, County of ______________ I, _____________________(type or print name) do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona, that I will bear true faith and allegiance to the same and defend them against all enemies, foreign and domestic, and that I will faithfully and impartially discharge the duties of the office of ______________________ (name of office) ________________________ according to the best of my ability, so help me God (or so I do affirm).

Siphyr
Siphyr

Jan Brewer and Tom Horne are morons. All the people who came out of nowhere to vote for prop 203 now have new targets. Next election won't be so good for the two dim-wits.

J Curwen
J Curwen

Hope springs eternal, but we have a lot of morons in the AZ electorate.

Pit Boss
Pit Boss

Are these puppetized dimwits unaware that 13 other states have had medical marijuana laws on their books for years now and the federal Government never arrested one state employee over them? All of a sudden the feds are going to begin arresting state employees in Arizona only, right? Nice ruse, most constituents will buy it, a growing number will not.

All of this lying and sneaking around to get around what the voters actually want is getting really old really fast. It's going to bite Arpaio and his flunkies in their collective ass pretty soon and the governor and state and Maricopa County AGs should take heed before they piss off the people who've actually supported them and voted them into office.

63mlya
63mlya

Actually they are raiding dispensaries in Montana, Colorado and California. The war on pot is caused by all the huge pharmacutical companies afriad of losing money. It might be safe to assume that the alcohol and tobacco industry might also play a part in this manipulation process. As far as this Carolyn Short goes, she is just an uptight cunt trying to make a name for herself just so she can get into politics. We need to ignore these kinds of people since they only have a self serving agenda, like any other politician. Now I need a bong hit

Ceo Azcs
Ceo Azcs

When will people learn? Short and narrow minded cohorts aka Brewer and Horne are at it again huh. Not surprising to say the least. Well please allow us to retort.Arizona needs to remember something when dealing with individuals like this, they are not only trampling on the voice of the voters once but twice thanks to prop 105. What really happens if Short and the other prohibitionist idiots get there way and the state pulls out of the program? They can take their Rules and Reg's with them ;) Their worst nightmare come true, the genie gets out of the bottle. Their only concern was the unregulated "home-growing" operations to which they will now open up the playing field for the creation of the wild wild west of weed. Those of us deeply rooted in the industry will do our best to help steer the "wave" as it crashes down on AZ. We will be announcing the details on our own Collective this upcoming Monday and are prepared to move ahead with or without DHS as stated in our press release. We WILL be accepting cultivation rights through our Collective for 500 patients for the first year. Nothing has changed, Arizona IS a medical marijuana state now, like it or not.For information regarding any of the Arizona Cannabis Society Programs please call us at,1-888-BIZ-AZCS or visit us on the web.

Nice try Short, Brewer, you have accomplished nothing. Furthermore educated litigants like myself are gunning for a shot at the FED as well as the State on this issue. You must have missed my article 'Quick! Pigs are Flying in AZ!!" which outlined how I woke up one morning and discovered we were all suing the FED, and on the same side?? What the...?

ExpertShot
ExpertShot

This is the BEST situation.  Thank you Governor Brewer for jettisoning the only really dumb part of prop 203!  The whole dispensary thing was just onerous.  They have hempweed seeds that grow to flowering buds in 60 days now and you can get them for practically nothing.  Just keep watering the plants every other day and you'll have free medicine!

The real money right now is in the caregiver position.  If one person were trained as a  caregiver under Medicare rules, they could receive a fee as a caregiver from that program and also grow the plants for the patient they are the caregiver for.  Basically, one caregiver might have 10-12 clients that they visit 2 times a week, collect a caregiver fee from Medicare and also basically operate a mobile gardening service.

The people who got investors to open up dispensaries with  them are just out of luck - they'll have to return the money to the investors and stop trying to exploit the sick and dying people out there.

Smallvilledirect
Smallvilledirect

I just want to thank them for stopping dispensaries and in doing so, allowing us patients to grow our own meds. You totaly have created your worst case scenario, every home in AZ has marijuana plants. Morons!

Gerry_C
Gerry_C

I thought the AG was supposed to represent the people of Arizona.  Yeah, right.

Gerry_C
Gerry_C

Jan Brewer is didding what is right for Arizona, in her mind anyway.

Have a drink on Jan and Tom
Have a drink on Jan and Tom

Conservative Morons like Brewer, Pearce, and Horne are openly defying the will of the people. Our right leaning state cannot hold off the inevitable, with the population shift from east to west and the growing Latino population it is only a matter of time before they loose the strangle hold on this mis managed state.  You know that if it was scotch or vodka Jan and drunk old Horne would look the other!

Rodneyplya
Rodneyplya

U will never stop marijuana. AZ will become weed state. No law no government can get in the way. Leave da God given plant alone. We will grow smoke forever.

Concerned Voter
Concerned Voter

Those interested in the lawsuit, who support medical marijuana, should check out http://savemedicalmarijuana.co..., the website for a nonprofit organization that has been set up to defend the voter approved proposition.  

J Curwen
J Curwen

Why not donate to the ACLU instead? They are directly defending the AzMMA.

Common Sense
Common Sense

Marijuana Was Created By God For The GOOD Of Mankind. Not By Man As Alcohol Is. 

shadeaux14
shadeaux14

How about a campaign to stamp[ out ignorance, political corruption, and being an embarrassment to humanity. Of course, that would entail replacing 98% of the politicians and 75% of the population.

J Curwen
J Curwen

Good job. That was some respectable digging around. I guess maybe this was what they meant when they said the law's opponents need to be heard, too, despite having lost the election.

Common Sense
Common Sense

Brewer And Horne  Only Care About Their Alcohol, Which Has Ruined & Cost More Lives Than Marijuana EVER WILL.  

Jason
Jason

The same drunken puppet, Governor Jan Brewer, and her puppet master, Senate President Russell Pearce, also voted to cut healthcare to millions of poor and indigent Arizonans, in direct violation of a voter-approved law extending the coverage to them.

So, that being said, I'm not surprised that Jan "Drunk Puppet" Brewer and yet another one of her sock puppets, AG Tom Horne, are again thwarting the will of the voters with this declaratory judgment bullshit. Yes the feds can prosecute you fucking idiots. Why do you need a federal judge to tell you something Dennis Burke is telling you?

Also, where is Horne on the investigation into Pearce for the Fiesta Bowl disaster? Nowhere? Great. Just what I am paying this useless sack of dog crap to do. Nothing. But screw the people who hired him and are paying him a salary to work for the people of the state of Arizona, we want to go after a major source of potential tax revenue. Wow. You people really are fucking idiots.

Ceo Azcs
Ceo Azcs

follow the money, follow the money, I have been saying it for years, now I say screw it, lets just stop giving them the money.

2. Political power; purpose of government

Section 2. All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights. http://www.azleg.gov/FormatDoc... someone just needs to remind them

Albert
Albert

Hmmmm... I thought I'd add this little part.Article 4 sec. 2 of the Arizona ConstitutionText of Section 2: Penalty for Violation of Initiative and Referendum Provisions The legislature shall provide a penalty for any wilful violation of any of the provisions of the preceding section.

Albert
Albert

The same drunken puppet, Governor Jan Brewer, HAHAHA.. That’s funny. I guess that’s why Kimberly Yee, or the chamber of commerce had to give all state employees an exception to HB 2585. (A pass not to fire from legal/ illegal medication use) Because she could have been terminated on the spot as our governor for all of her pauses, and dazed looks. I say just on a good faith belief… she could be under the influence of some medication that makes her look, and act impaired at times. Oh yeah… not many people realize that HB 2585 gives employers the right to fire or do what ever to any employee who in “good faith belief” may or may not used a legal/ illegal medication in the near future.

shadeaux14
shadeaux14

And, no doubt, in the next election the moron regressives will happily return these throwbacks to office. AZ HAS THE WORST EDUCATION SYSTEM (AND ALWAYS HAS)  FOR A REASON...........only a pig-ignorant electorate would keep electing these clowns.

Pit Boss
Pit Boss

The Governor and the State AG are plaintiffs in a lawsuit aimed at thwarting the will of Arizona voters.

That alone sums up the political landscape in this state quite adequately.

Ray Stern
Ray Stern

Typo -- Thanks for the catch.

Typo
Typo

There's a typo in the sentence "Though Horne and Brewer 'and' openly opposed Proposition 203 before voters pass it,..." with an extra 'and' instead of the word had.

Typo
Typo

Also the sentence should use the past tense verb 'passed' instead of the present tense 'pass'.

Tommy Collins
Tommy Collins

I really think Carolyn would look good with a joint in her mouth...

Tommy Collins
Tommy Collins

Horne worries about this stuff and seemingly ignores the criminal corruption of a state senator and local shurf.

teknik1200
teknik1200

of course, he's on their side.  they figure they are untouchable if they can control all aspects of government.

US War Veteran
US War Veteran

Let me get this straight, if Jan "Drunk Puppet" Brewer signs a law that will make her rich and violates Federal Constitutional laws she defends it against the Feds, but if the voters pass a law that she doesn't want and that violates Federal law, she sues the Feds to make sure they are paying attention and and put a stop to it?  good move puppet, I guess what is good for the goose is not good for the gander afterall.

teknik1200
teknik1200

the speak out both sides of their mouths.

the sad part is that their base cheers them on as they strip away the rights of the people.

they don't care about democracy, only their agenda.  

Ronald
Ronald

Brewer, Who came over on the Mayflower needs to wake up in the year 2011. There is appox. 7200 growers in Arizona and believe me this state needs every penny. They could also build bigger jails but that would not help the police dept. with more serious crimes that are currenty happening in this state. Legalizing marijuana in the state of Arizona would mean doubling the police and putting a computer in front of every kid in every school.

Coz
Coz

So once again the voters votes don't mean a thing to Arizona politicians when it's not what they want. Screw the people is their motto.

helentroy4
helentroy4

Isn't it amazing how people can actually believe they have their fates in their own hands? We are just cogs in a big old grinding wheel and we get ground down while Brewer uses it to file her fingernails.

ScaredOfJoe
ScaredOfJoe

The conservatives in this awful state really suck.

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