Governor Brewer to Refile Medical-Marijuana Lawsuit, Channel 12 Reporter Brahm Resnik Tweets; UPDATE Reporter Gets Quote Wrong

Categories: Medical Weed

medical pot 1.jpg


Brahm Resnik of Channel 12 News (KPNX-TV) just tweeted that Governor Jan Brewer "indicates she will refile lawsuit to block medical marijuana law."

 

UPDATE: We watched Resnik's report -- looks like he got this one wrong. In his 10 p.m. broadcast, Brewer can be seen at an event talking about the medical marijuana lawsuit -- and she clearly says "if" she's going to refile it. Brewer spokesman Matt Benson confirmed for us that Brewer hasn't yet made a decision. We'll take this as a learning moment. 

We called Brewer's communication office, but a woman there who answered the phone couldn't confirm that report. She suggested we call Matt Benson, Brewer's spokesman, which we did. We'll update this post when he gets back to us.

Resnik's a straight shooter so we'll assume for the moment that he heard the Gov say something like that at an event he's covering.

As we reported yesterday, U.S. District Judge Susan Bolton dismissed Brewer's lawsuit against the Arizona Medical Marijuana Act. Brewer and state Attorney General Tom Horne filed the federal complaint in May, following up on a claim by the Act's chief opponents that state workers could be prosecuted for administering a medical-marijuana program.

The state officials wanted the federal court system to decide whether the voter-approved law was valid. 

If Brewer does plan to refile the suit, perhaps she'll finally take the position that she's avoided taking since May -- that she believes the medical-pot law is illegal and should be struck down. Of course, taking such a stance would only sink her finger deeper into the eye of voters, who narrowly approved the Act last year.



Brewer, who spoke out against the new law before it was approved, has already thwarted the will of voters by canceling the dispensary portion of the law.

On the other hand, simply choosing sides in the debate -- something Bolton said would be required for the lawsuit to continue -- won't by itself satisfy Bolton. In her ruling, the judge wrote that Brewer and Horne's request for declaratory judgment was not yet ripe, because no state worker was in imminent danger of being prosecuted.

Bolton's reasoning makes sense. After all, no one at the state Department of Health Services has been prosecuted -- or even threatened -- by the feds, even though the agency has authorized thousands of Arizonans to grow and possess marijuana.

Brewer and Horne, die-hard opponents of medical marijuana that they are, may have other tricks up their sleeve.

They probably figure there's more than one way to skin the voters.
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35 comments
Jim Kay
Jim Kay

Why did you people ever elect this broad to run your state. She would rather let the mexico drug kingpins get rich instead of taxing something that is not going away. I guess she thinks its better to go somewhere and get smashed and drive home drunk rather that smoke some pot and go to bed. For some reason these wackos keep getting elected and thats because most people dont even vote.

Expert Shot
Expert Shot

Ray states: Brewer, who spoke out against the new law before it was approved, has
already thwarted the will of voters by canceling the dispensary portion
of the law.

When did Brewer "cancel" the dispensary portion of the law?  I've never heard this before.  I heard that she put the implementation of that portion of the law on hold until she got a ruling on her lawsuit which was attempting to determine the liability of state workers who assisted in permitting those dispensaries - but that was dependent on the outcome of the lawsuit.  Since it was dismissed, I haven't heard that she is actually going to NOT implement that portion of the law. 

In any case, how can the governor just decide to "cancel" portions of a voter passed initiative?  I would suspect a lawsuit against her soon - or has one been filed and you're keeping that a secret.

Coz
Coz

What doesn't this dumb Bitch understand about the Will of the Voters ?
or
Doesn't voting count in NaziZona ?

Wanumba
Wanumba

Our drunken Gov strikes again.  Jan, why do you hate the voters so much?

Hypocritical harpie....

Tom Dean
Tom Dean

I represent the Arizona Association of Dispensary Professionals in this case and wrote the  section of the Motion to Dismiss that addressed the ripeness issue.  The ACLU attorneys wrote the rest. The reason that the ripeness issue is so important is that, while the Governor can cure the other problems, she cannot manufacture a threat of prosecution though an amended complaint.  That, I believe, is why Judge Bolton focused on the ripeness issue in her decision. There is simply no way for the Governor to overcome it.

Tom Dean; attorney for the Arizona Association of Dispensary Professionals - 602.635.4990.

Minime
Minime

I heard folks talk about how the lawsuit was not ripe, and they were right.  I am now hearing the same people talk about something called "dirty hands", and they plan on using this somehow.  I wonder what dirty hands is.

malcolmkyle
malcolmkyle

Prohibition has helped fill our Prisons and Jails to capacity. Violent criminals, murderers, rapists and child molesters are released early to create space for so called 'drug offenders'. Half of court trial time and also a huge chunk of police officers time is pointlessly wasted. Enormous untaxed profits from illegal drugs fund multi-national criminal empires which bribe law enforcement authorities and spread corruption faster than a raging bush fire. Prohibition takes violent criminals and turns them into multi-billionaires whilst corrupting even entire countries, including our own. Our drug laws are also funding the Taliban and al-Qaeda whose illegal opium profits allow them to buy weapons and pay it's fighters more than $300 a month, compared with the $14 paid to an Afghan policemen.

Maybe many of the early Prohibitionists did not really intend to kill hundreds of thousands worldwide, or put 1 in every 30 American adults under supervision of the correctional system. But similar to our "Great Experiment" of the 1920s, the prohibition of various other drugs has once again spawned rampant off-the-scale criminality & corruption, a bust economy, mass unemployment, a mind-boggling incarceration rate, a civil war in Mexico, an un-winnable war in Afghanistan and an even higher rate of drug-use (both legal & illegal) than in all other countries that have far more sensible policies. 

Prohibition is nothing less than a grotesque dystopian nightmare; if you support it you must be either ignorant, stupid, brainwashed, insane or corrupt.

Broski Love
Broski Love

whoever grew the SuperSilverHaze that was going around a few months ago- WOW!

it was the best looking and tasting bud Ive had in a long time. It was so good it made dutch cannabis cup winners look like crap. Huge colas of dense trichome encrusted calyxes. You really outdid yourself. thanks

Leaf Star
Leaf Star

AZ State elected officials are elected to implement the laws passed by the voters of the State.  They are not elected to carry out their personal agendas and that is what Jan Brewer is trying to do.  Hey Jan, the residents of AZ voted to use Marijuana as a medicine to help with serious medical conditions and ease physical pain... Part of the AZ Med Marijuana Act is implementing Dispensaries so these patients have somewhere to go and buy it, hello?  Growing is great and some of us (15,000+) have elected to do so, but many MMJ cardholders don't have the money to invest in special lighting, fans, timing devices, etc., an initial start-up cost can easily be $1,000 plus!  Gov. Brewer pull your head out and implement AMMA!!! :-)

Minime
Minime

From the few incidents the have occurred, patients that have encounters with police are still being interrogated, tricked into making statements, and treated as criminals. A couple were ok, but most are still not being respectful to cardholders.  Jan as a leader empowers law enforcement to continue treating people this way, even when the voters voted to decriminalize cannabis for patients.  You see, it is worse than her just blocking the dispensaries.  By her not implementing the law and giving speeches about how dreadful the cannabis clubs are, she empowers young, impressionable police rookies to treat citizens worse than they otherwise would.  I could not even imagine the health department monitoring dispensaries and managing information about what type of cannabis products a patient consumes each month.  If you are a patient, I would probably consider myself lucky that Jan went on the crusade.  It seems like a bargain to pay only $1,000 for your growing equipment, as opposed to actually going to a dispensary and providing your cannabis consumption records to the prohibitionists for review.  The more I think about it, it really should be legalized.  Citizens are harmed more by politics and police than by this - and that is the truth.  Argue all you want about it being the devil's weed you prohibitionists of freedom, but cannabis is just one substance of many that can, and does help people.  I have seen people with various medical conditions helped by it.  Will Humble at the Health Department,  the man who said he is "not a social conservative, or anything like that"joined the prohibitionist peer pressure party when he did his little investigation about the doctors not looking at the database each and every time.  I don't see how anyone would trust this man to not abuse their health records, or come up with something after the fact that harms patients in some way. 

Dave
Dave

I guess most higher ups do not understand the will of the people. Why do they need to fight against it. You're not a queen Brewer, leave the rest of us alone.

Duncan20903
Duncan20903

I looked up "dumb as a box of rocks" in the dictionary and there was Governess Brewer's picture!

david saint
david saint

i thought i saw her pic somewhere between dipshit and dumbass..but you might be right 

Duncan20903
Duncan20903

There's no law that says it couldn't be in both places.

teknik1200
teknik1200

they are "fiscal conservatives" after all, what else would you expect?

I love the way they are making an effort to lessen government intervention into our lives.

Isn't "Small Government" great?  

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Dave_K
Dave_K

According to the Arizona Voter Protection Act portion of the Arizona Constituti­on the governor does not have the authority to veto a voter passed initiative nor can she or the legislatur­e change the act without a 3/4 vote of the legislatur­e. Ms Brewer is vested with the supreme executive power of Arizona and is responsibl­e for the faithful execution of all laws, including the Arizona Medical Marijuana Act. The Governor's complaint was an attempted line item veto, an attempt to deny the will of the people as expressed in a part of an initiative they passed. Read Judge Bolton's letter.  The evidence does not exist that the threat is real.  The bogus action in federal court by the governor and attorney general apparently involve a threat to state workers that none of the rest of us can see.  What is becomming very clear is that the governor and attorney general respect only the laws that compel the rest of us to act but they have no desire to obey laws that compel them to act.  

Minime
Minime

How can the public stop them from breaking the law?  Can the pubic take them to court?  Do we just have to wait until the next election? (and hope all the illegal haters don't elect them again?)  That is the question. What is happening here is what is happening on the federal level. They are as dictators because of their own personal wealth quest.  They have to look good to the contributors and punk the electorate with a BS reason that is not even logical at face value.  The logic is that there is money probably involved that we don't know about. They are already participating in the distribution by providing the cards that authorize to grow.  How disrespectful can it get?  I tell you - a heart that is so arrogant as to disregard a vote in America a new kind of criminal.  Now that most of our leaders are lawless, we don't have a good America right now.  Each side is lawless, and there is little hope in either of these two political parties adherents.  Just today, Romney said Obama is a nice guy.  I wonder if McCain wants to be his vice president.  How sick now.  Of course the only one that makes sense is Ron Paul - and that is really saying something.  In a prior world he would be considered somewhat off.  Now however, he sounds better than all of them.  I remember when CNN twisted things against the Republicans in 08.  Today I see the Fox side never EVER NEVER EVER dare mention Ron Paul.  Intellectually, Neocons cannot understand even what he says.  The very misunderstood Jesus Christ Santorum talks about is not even recognized by him, nor many of these idiots.  As Christ says, the sheep hear my voice.  I don't hear Santorums voice as one of love.  What kind of MONSTER supports putting someone in jail for smoking a joint???  UNBELIEVABLE!!!!

Dave_K
Dave_K

There is a law suit pending now to force the governor to fully implement the law.  Watch that one carefully because it is in state courts.  Also, read the Voter Protection Act portion of the Arizona Constitution.  She has clearly exceeded the authority that she actually has in this matter.  

Duncan20903
Duncan20903

"We only enforce the laws on the books. If you don't like a law, get it changed. But be advised that we'll ignore it if we don't like it." ~ Hypocrites Of Law Enforcement

"The LAW is the LAW! Blah, blah, blah!" ~ The lament of the Know Nothing prohibitionist

Coz
Coz

Justice is a joke in Arizona, a BAD joke.

Guest
Guest

Heh, heh. That's more time my cultivator's license will be valid.

Duncan20903
Duncan20903

Guest, I'd like that twice if I could.

teknik1200
teknik1200

as much as she bothers me, no dispensaries is also a good thing for me.

Vic
Vic

Does the stupid bitch ever stop!

Walter Concrete
Walter Concrete

I don't recall authorizing the criminal waste of space Governor to spend our money to sue over something we passed into legislation.   Who the hell does she think she is?    She ain't got enough brains to fart safely let alone decide for us what we want.   If it wasn't any more obvious that there is no democracy in this country.   Politicians never do what we want them to do, never.   Funny there's no talk of recalling the Governor.   She's never been worth a shit, just like Phil Gordon and John the liar McCain.  Does no one see this shit they pull on us?

HalfPint
HalfPint

How many more times do the voters in AZ need to approve MMJ before it actually comes to fruition? And really, Gov. Brewer? You're going to waste MORE money by filing an obviously fruitless lawsuit? God, I'm ecstatic that you can't run for another term. 

Duncan20903
Duncan20903

HalfPint, you've got it. This is only one part of the law. Given the choice between dispensaries and cultivation the latter is much better for the patients in almost every case. She hasn't the power to block the really important parts of the law.

shadeaux14
shadeaux14

Duncan,

Your argument that she doesn't have the power to block the really important parts of the law has one fatal flaw. It is the law that she doesn't have this power.

Since when have the cons who run this state let a little thing like "THE LAW" get in the way of their personal agendas.

teknik1200
teknik1200

i'll bet she tries to run again, claiming her first partial tern didn't count.

Royalphoenix2
Royalphoenix2

GED Jan needs to find a different line of work asap. Maybe she can find work driving drunk on the Black Canyon Fwy. peace

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