ACLU Asks Federal Judge to Dismiss Governor Brewer's Lawsuit Against Medical Marijuana Act

Categories: Marijuana Biz

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Governor Jan Brewer

Governor Jan Brewer is using a supposed threat to state workers as a "pretext" for thwarting the will of voters, say advocates of the Arizona Medical Marijuana Act in a court action filed today.


The American Civil Liberties Union makes that case in a court motion filed today in the lawsuit launched by Brewer in May against the new law.

In addition to some of the more technical legal arguments, including the idea that the state's Medical Marijuana Act isn't preempted by federal law, the filing notes that Arizona U.S. Attorney Dennis Burke contradicted directly Brewer's stated reasons for launching her lawsuit.

The defendants against Brewer's action include: The Arizona Medical Marijuana Association, represented by the American Civil Liberties Union and the Valley firm Gammage & Burnham; the Arizona Association of Dispensary Professionals, represented by Flagstaff attorney Thomas Dean; and several businesses and individuals represented by Scottsdale's Rose Law Group.

The filing quotes from an article by Howie Fischer of Capitol Media Services, which was published in the East Valley Tribune and other newspapers, in which Burke states"


It's fair to read into my letter what I included and what I didn't ... And if I didn't include state employees, I think that's telling in itself.

Burke made a similar comment to the Arizona Republic, the ACLU's court filing notes.

The point being: Brewer jumped the gun and made an arbitrary decision to attack the law in federal court.

As New Times discovered last month, the decision to seek a declaratory judgment for or against the voter-approved law was also discussed by state Attorney General Tom Horne during his January meeting with the leader of the group that campaigned against the law.

Click here to read the new motion..

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20 comments
Allan Sobol
Allan Sobol

HEY RAY,  This is not just the AZMMA's motion!!!   The lead defendant in this action is the Arizona Association of Dispensary Professionals, inc.  We are the largest marijuana trade organization in the state.   Early on we asked  Attorney General Horn to be added on as a defendant and took the lead role in defending this action.  We are represented by Tom Dean, the former head of litigation for NORML.  It was not till later on that the ACLU, AZMMA and Rose Law Group joined in the action.  In the interest of MM industry unity we set aside our internal animosity and  agreed to file a join motion to dismiss. The motion filed yesterday is a collaborative effort of all these associations and its only fair that it should be reported that way..   Thanks  Al SOBOL

hipbilly
hipbilly

The Voters' Initiative in the Arizona Constitution nearly kept the State out of the Union. Maybe Brewer and Horne should move to DC. I'm sure they'd love it there. Arizona's voters have approved medical cannabis use THREE times, by initiative, and it's about  time the elected representatives of this state stood with them. Anything else is simply breaking the law. Wise up, Jan.

Bigtime
Bigtime

They just need to let it go, and let us patients get our medicine. It's probably the big drug companies that are putting lobbyist cash in they're pockets!

guest
guest

Brewer doesn't want it here - Horne doesn't want it here and the Health Dept doesn't want it here - cuts down on the bulk purchase for big pharma drugs and prison intake for CCA

Ray Stern
Ray Stern

Duly noted, Al.

Sorry about that -- I've changed the text of this post to reflect that info.

Ray

Mistalee
Mistalee

Besides, the medical marijuana issue inflames all of the Sun City geezers who are still certain that Reefer Madness was a factual documentary.

Bnbk
Bnbk

You are spot on my friend 1

Acer
Acer

Actually, Sun City is the reason the prop passed in the first place.

PTCGAZ
PTCGAZ

that definetly helped.

PTCGAZ
PTCGAZ

no that isn't true. Sedona, AZ, Jerome, AZ Flagstaff, AZ, Tuscon, AZ, and many ofthe other small rural places are the reason it passed.. as well as PHX, but in my county Yavapai, it was passed by 60%. Sedona passed it by around 75%, Jerome was also high.

Pit Boss
Pit Boss

All of Pima County was the reason it passed.

hipbilly
hipbilly

Gee, I hope you're right. They also keep passing us "Nickel Bag" Joe.

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