Feds Want Court to Dismiss Jan Brewer's Lawsuit Against Medical Marijuana

Categories: Medical Weed

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Arizona Governor Jan Brewer's lawsuit against medical marijuana is on the ropes following today's motion to dismiss by the U.S. Justice Department.

Arizona Governor Jan Brewer's lawsuit against the state's voter-approved medical marijuana law should be dismissed by the court, says the U.S. Justice Department.

In a motion filed in U.S. District Court today, lawyers for the United States government argue that the legal action filed by Brewer in May against her own state's law attempts to invent controversy and improperly seeks advice from the court system.

The motion begins with a preamble citing a U.S. Supreme Court opinion that demands caution and the threat of imminent harm to someone when considering the possibility of using federal powers to strike down legislation. A summary of the government position follows:
 

"Their complaint presents no actual controversy, instead asking this Court for an advisory opinion as to a hypothetical dispute in which Plaintiffs themselves pick no side but rather resort to a purported disagreement among various fictional Defendants.

Moreover, Plaintiffs lack standing to raise even that claim, because they have not alleged
any actual injury to the interests of the State. The claim they present is not ripe for
review, as they point to no genuine threat that any state employee will face imminent
prosecution under federal law. And they ask this Court to consider whether a state law is
unconstitutional - a question that the Supreme Court cautions should be answered only
when necessary.

For these reasons, the Court lacks jurisdiction and this case should be dismissed."

Assuming a judge approves the motion, the only question then will be how much effort anti-pot crusaders Brewer and state Attorney General Tom Horne will put into an appeal. With public funds at their disposal and strong personal feelings against the law, Brewer and Horne may well keep trying to thwart the will of voters.

Or, they may throw in the towel and go the route of New Jersey Governor Chris Christie, a Republican who recently decided that -- despite his feelings -- he'd go ahead and implement a state law that allows medical marijuana dispensaries.

Read the entire motion below:

Feds Motion to Dismiss Pot Case



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56 comments
Chris Mollo
Chris Mollo

The only reason they did this was becuase they haven't figured out to profit from the dispensaries properly yet.  They keep issuing the patient cards because they are making $150 a pop.  If there was legislation in place to lay down rules to properly tax the dispensaries where the state would make a lot of money, you could bet that there would already be dozens operating.  Medical marijuana is like anything else in Arizona, it's all about how much the state can make off it.  If you don't think that's what Arizona is all about, speed up through an intersection and smile at the speed camera! 

John
John

Us Voters that voted for Medical Marijuana can also vote Governor. Jan Brewer out of office next election time. Has Jan Brewer thought about that ?

Count_marc
Count_marc

doesn't she have enough to do with all the decapitated bodies of the flood of immigrants she imagines have invaded her state.  somebody's smoking something!

BLKMANHATESOBAMA
BLKMANHATESOBAMA

It doesn't matter what her personal feelings may be about MMJ.  The People voted, and those who were pro MMJ won. Why vote if the powers that be can attempt to change the will of the majority?  That's why we need DeJure Govts.  Both the Repugs and the Demons are power hungry, elitist prigs.

Blah
Blah

Brewer's a cunt, plain and simple

thugsslayer
thugsslayer

Brewer is like prostitute, cant win a case in court!

Noone
Noone

Funny that we are looking to allow dispensaries when the caregivers in Glendale are being arrested for following the law.  Just 4 days ago a caregiver was arrested, but to date, nothing has been publically said.  With that, I wonder what local "authorities" will decide to do if they are following the law.  Beware would be dispensary owners. 

Mistalee
Mistalee

And once we get past the lunatic assholes at the state we have Feds who keep cannabis on the books as a controlled substance and who have raided numerous dispensaries in other states despite their assurances that they would not.

Medical cannabis dispensaries are definitely a high-risk venture.

Mikey1969
Mikey1969

Wow, impressive... The Feds hate state medical marijuana laws, and still plan to prosecute offenders, BUT instead of siding with Jan, they actually have the stones to stand up and admit what the right course of action is. Very nice to hear.

Yourproductsucks
Yourproductsucks

Hey Stern, why did ya pull your article on the convicted protestor's lawsuit against the Sheriffs Office? Egg on your face?

Ray Stern
Ray Stern

There was no "pull" of an article. Maybe you're just too stupid to find it. Did you try Google?By the way, I think most or all of the protesters who are suing had their cases dismissed, as their lawsuits state. Several other protesters were recently convicted.

Thor
Thor

I want to cooter punch that hag. 

Royalphoenix2
Royalphoenix2

JB is nothing but a drunk. The amount of cheap blended scotch she has consumed has altered her already feeble mind. She could care less about the will of the voters...remember her statement about capitalism before the vote ? peace

J Curwen
J Curwen

This motion is an interesting development. However, the fight isn't over yet. Brewer, et al, will probably just refuse to allow dispensaries unilaterally. Who would prosecute her? This is a part of illegal she doesn't understand. But she has an army a lawyers on the taxpayers' dime. So, the drama will shift to civil action in the state courts.

That's my prediction.

Rurubean
Rurubean

Jan Brewer, if your reading this, PLEASE KNOW THAT WE HATE YOU

Coz
Coz

The only thing this Arizona administration understands is how to waste tax payers money every chance it gets on total bullshit that amounts to nothing.

Jason M.
Jason M.

That sentiment also applies to the dimwitted politicians we voters hired and are paying to supposedly reduce the federal deficit. Instead Republicans cry about massive military cuts (which are needed) and a balanced-budget Constitutional amendment (which would never happen) while Dems are equally as clueless and insist on higher taxes (which would bring in more revenue to the federal government) and cuts to entitlements (which you know would hurt their electorate base) 

Coz
Coz

Both parties are full of shit and could care less about the people they are suppose to represent. They only care about themselves. That's what politicians are all about everywhere.

BellBoy
BellBoy

Sorry lad, but you don't seem to have a grasp of reality. As a use to be life long Dem the only difference between the two parties is in their degree of corruption... the Republicans are just further along on the curve. And if YOU don't understand that all you're going to have is SHIT! And that would be the shit you make because neither of these corrupt parties are going to give you any of theirs!

ExpertShot
ExpertShot

Coz, so - what's your solution?  YOU AIN"T GOT SHIT so SHUT UP. 

You're also a liar about the difference between the reps and dems . 

The difference is  obvious.  When the dems are in office - things get better for the middle and lowers class (remember the LAST dem - FULL EMPLOYMENT AND A BALANCED BUDGET). 

Yes, all politicians are out for themselves - but how they maintain their political office is the key.  Republicans pander to the rich and bigoted and Dems pander to the rest of.   Fact is, the politicians reflect ACCURATELY their constituents in 98% of the cases across this country. 

3JobsandNoMicrophone
3JobsandNoMicrophone

Jan's problem or misunderstanding is that instead of being elected Governor she believes she is Queen Brewer. The only thing Jan plans on signing off on is more private prisons. What an amazing sight, in just my lifetime we are well along our way to a third world toilet.

Mistalee
Mistalee

 So, they had no standing to sue and nothing to sue about.

Who wants to file a bar complaint against the HorneDog for frivolous litigation?

Pit Boss
Pit Boss

Mistalee, this could actually be something we, as "the people" can actually do to get this guy on the ropes. I'm not sure if a class action suit is possible, I'm not exactly a legal scholar, but I do think this is something that could have legs. I'm in if you want to go this route. These people need a taste of their own medicine. 

Eleanor
Eleanor

I have heard some pretty shitty things about Horne.  I have also had a police report I filed and named the Tempe Police Chief, Tom Ryff, as a suspect turned over to this guys office and he hands it off to Jim Keppel, Chief of Investigations, who happens to be Ryff's friend.  When Keppel worked in the County Attys office he supposedly did some "favors" for Ryff back then too.

Horne and his corrupt bunch of underlings.....oh wait

Then Keppel turned my report over to the officer who did the field sobriety test on Jan Brewer, Vern Alley and he closed it without ever talking to me about it.  I had even called to report more information regarding the case. 

Coz
Coz

You really didn't expect them to investigate one of their own did you, much less do anything about it.

Coz
Coz

One can only hope, but I couldn't count on it.Arizona voters have proved many times over they are not to bright.

Coz
Coz

This is what happens when you elect morons into office.Now all we have an invented Governor with nothing more than a GED and it shows.

>>Legal action filed by Brewer in May against her own state's law attempts to invent controversy

shadeaux14
shadeaux14

I bet the republicons are proud of the quality leadership they gave control of the state to.

BUT......After decades of electing the same caliber of leadership that we now enjoy and having this leadership(?) try the same failed policies and ideas time after time, I have little hope that the electorate will break free of the mind control and elect competent candidates (if we have any left in this state)

Anyway, more to the point; I applaud the Justice Dept for seeing this "Lawsuit" for what it is, another slimeball conservative tactic to push their agenda.

Coz
Coz

Republicans have they're heads up their asses...Correction, ALL Politicians have they're heads up their asses, I think their born that way.

US_War_Veteran
US_War_Veteran

Exactly, Arizona voters are 49th out of 50 states in education, what a shame. Third world counties have a better education system than our state.

Coz
Coz

Perfectly said Vet... I've always said that the first thing to be cut is education so they can keep the up and coming voters stupid enough to vote for them since the current voter base is as dumb as it gets already.

US_War_Veteran
US_War_Veteran

It is Coz, it's in the manual, "Political Office for Dummies 101"

First, insert head in ass so no one can see your true face.

Second, invent a fear tactic and tell idiots, err, I mean "voters" that you are going to save them from doom.

Third, run for office and watch the idiots (damn I did it again!) I mean voters send you money and line up to vote for you. 

Forth, once in office undermine education to create more idiots, again I mean voters.

Pit Boss
Pit Boss

The irony is that this will probably strengthen her retarded voter base further. Coughlin will advise her "well, we could always just say we fought the feds again, these tea baggers eat that shit up."

teknik1200
teknik1200

the t-baggers won't even realize she was begging for the feds to turn down an AZ voter approved measure.

Pit Boss
Pit Boss

Exactly... it's all in the way they'll spin it. And since they're dealing with blue hairs and idiots it'll be easy for them to get a complete bullshit explanation out there that will lead people to believe that she, once again, fought those evil feds courageously for the rights of  our sovereign state and its workers. Hey, no one ever accused the tea baggers of being intelligent.

Sewerman48
Sewerman48

for your info, most " TEA BAGGERS " are all for personal freedom and liberty.not so with the lefties who regulate things to excess.

Pit - Worker Bee
Pit - Worker Bee

No Shit!!! Did you think they would do it any other way!!!  As for fiscal policy reform  the population will steadily grow  to exceed a billion in less than 60 years and our government must keep pace with the population and huge corporations  and as well as our very large enemies and allies! How do you think you can do this by reducing taxes and cutting spending!!  When balancing your check book you must have income coming in as well as spending restraints to keep the account running and growing ! You can keep cutting  and saving but you will strangle economic growth to the likes of the great depression!!! 

Bnbk
Bnbk

Not to mention the fact that that bigotted nutcase & her husband are recieving medicare payments for that so called mental health clinic they run & over 200 k in taxpayer money for their farm. Nothing but a bunch of lying, hipocritical TEA BAGGERS

teknik1200
teknik1200

that is a crock of crap.  if your statement was true, Michelle Bachman wouldn't be fighting so hard to oppress gay people, and she would be laughed out of your party.

instead you've been duped by people that only want big business to have freedom while telling us all what to do in our bedrooms.

US_War_Veteran
US_War_Veteran

"" TEA BAGGERS " are all for personal freedom and liberty ""

As long as you are NOT Black or Brown in Arizona, because if you are you need to surrender your "Personal Freedom" and "Liberty", it's the LAW, SB 1070. Or if you happen to disagree with the tea bagger idiology then you must be an open borders anarchist criminal and traitor to this country! right Sewerman?

BTW, Tea Parties are for little girls with imaginary friends.

Pit Boss
Pit Boss

Bullshit. Most "TEA BAGGERS" are old, decrepit whiners who latched on to the whole "fiscally conservative" label but in reality are more socially conservative than anything else. if you want to be known as primarily a fiscally conservative movement then someone needs to come up with a new name, because the TEA party has been overrun by curmudgeons with a religious-right agenda.

tranced
tranced

Glad the feds actually agree with the voters on how completely absurd this case is.

Jason M.
Jason M.

That's what Dennis Burke said in his May 2 letter to Health Services Director Will Humble.  We (the feds) don't care about actual patients who need medical pot, but those who make and distribute a controlled substance (dispensaries) can and will be subject to federal prosecution. Each state's U.S. Attorney has the discretion to prosecute.  

However, delusional Republicans again have their heads up their asses. Jan and Tom sued the feds over the Burke letter because...why? There is and has been no imminent threat to state employees and Jan knew it. Tom is just Jan's little bitch.

I wonder how much money it cost taxpayers to actually file and serve this laughable bullshit complaint. In fact, this reminds me of the inept RICO lawsuit Candy Andy and the Flaccid Fool of MCSO filed in December of 2009 alleging "conspiracy" that was withdrawn about 3 months later. 

US_War_Veteran
US_War_Veteran

Brewer and Horne can care less about medical marijuana, she is only trying to stop its implementation to keep CCA private prisons full, to line CCA pockets so they can return the favor and line hers, the more laws that are created the more people that will get caught up in the system to the benefit of CCA, lobbists, and their corrupt politicians.

teknik1200
teknik1200

This is an interesting case.  Will they start giving licenses to dispensaries or will they actually continue to allow patients to grow their own?

It's Already Legal
It's Already Legal

There are already dispensaries open.  They are just holding new applications.

WhoKnows
WhoKnows

Brewer HATES the voters unless she agrees with them.

Jason M.
Jason M.

Keep in mind that this is a voter-approved law, so Jan really has no say.

teknik1200
teknik1200

What makes you think she even likes the people who agree with her?   I'd bet she's only using them.

Coz
Coz

As do all Politicians.

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