Tom Horne and Bill Montgomery Make Their Move to Nix Arizona's Medical Marijuana Law

Categories: Medical Weed
See also: Bill Montgomery Declares War on Medical-Marijuana Law
See also: Tom Horne: Arizona Medical Marijuana Act Preempted by Federal Law
See also: Sheila Polk Misstates AZ U.S. Attorney's Position on Medical Marijuana
See also: Allan Sobol: Arizona's Medical-Pot Martyr?


no-smoking-marijuana.jpg
303magazine.com
Arizona's supposed reputation for fightin' the feds doesn't seem to apply to the will of the voters -- Attorney General Tom Horne and Maricopa County Attorney Bill Montgomery held hands today to ask a court to declare the state's medical-marijuana law illegal.

Horne's position is that the state law is preempted by federal law in several aspects -- mostly in the growing and selling areas -- and Montgomery seemingly hates everything about the law.

"[Montgomery and Horne are] filing separate motions for summary judgment in Superior Court today seeking to resolve conflicting issues raised by the Arizona Medical Marijuana Act (AMMA)," their joint press release says. "Today's filings are the latest response to a lawsuit filed by White Mountain Health Center against Maricopa County and the Arizona Department of Health Services (DHS) and ask the Court to determine whether the AMMA is preempted by federal law prohibiting the possession, distribution and cultivation of marijuana."

They're not so much asking the court to decide whether the law is preempted by federal law as they are asking the court to decide that it is preempted.

According to Horne's previous request to butt in to the matter, he's doing this "for the purpose of seeking a declaration that the relief Plaintiff has sought is preempted by the laws of the United States."

As our colleague Ray Stern has previously reported on the White Mountain Health Center lawsuit:

The county, based on advice from County Attorney Bill Montgomery, decided to "opt out" of the state's medical-marijuana law and refuses to acknowledge White Mountain's request for zoning information. State rules require that a dispensary applicant submit some zoning info, so the company sued.

Last month, Superior Court Judge Michael Gordon issued an order suspending the state's rule on requiring zoning info. That made it seem as though Sun City would get a dispensary even though no zoning criteria exists in the county for dispensaries.

County Supervisor Mary Rose Wilcox told New Times that Gordon's ruling could result in the five-member Board of Supervisors reviewing their decision to opt out. But County Attorney Bill Montgomery says he believes the White Mountain case could be the "dam" that blocks up the whole pot program. Look for Montgomery to file a motion soon in that case based on Horne's opinion.
And that's exactly what's happening here.

"Since the relevant portions of the AMMA directly conflict with federal law, they are preempted and thus of no legal force or effect," Horne's motion says. "Operating the dispensary would violate public policy, as it would be a federal crime. This Court should so declare and enter a judgment dismissing the Plaintiff's claims as preempted by federal law."

If Montgomery's right about this case being the "dam" that blocks the law, then this case could decide the fate of medical-marijuana dispensaries in Arizona.

Horne's motion can be found here.


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37 comments
Dontbelieveit
Dontbelieveit

Bullwinkle and horn dog what a pair! I don't know when but I feel this pimple coming to a peak....it needs to pop and let out all the lies and bullshit that has been spread about marijuana in general..... I think they're getting greased by the cartel .......in my opinion .It's all been a facade from the gate . I think the worse is yet to come.

aztek1123
aztek1123

Why does Tom Horne want to overturn the will of the people of the state of AZ? Why does Maricopa County think that they set law forall Counties?I am sick of the wasted money for these suits by our AG and Gov.

just_saying
just_saying

Az Tv 3 just did an article about a concerned mother with a neighbor growing marijuana in his back yard with the odor invading the surrounding neighbor, But Az Tv 3 researched the Arizona Health Board and found that the state has no employees to perform any random inspections for violations at all. How can a bill be formed and be followed through with any State employees to assure that card holder is following the State rules and regulations and "What Arizona Revised Statue" places the violator do wrong with Arizona Medical Card Holder?

surveyor222
surveyor222

LOOK ALL I KNOW IS IF THESE TWO GET THERE WAY ALL ITS DOING IS OPENING THE DOOR FOR THE BLACK MARKET AND THATS WHAT THEY WANT REALLY  sorry caps on

DonkeyHotay
DonkeyHotay topcommenter

Colorado Courts have ruled that ALL contracts involving MMJ are VOID -- since they contract to engage in criminal (federal) behavior.

 

California Courts have ruled that State/Local governments can NOT lawfully regulate MMJ, since it illegal federally.

 

Arizona's MMJ is DOA !!

 

.

MaskedMagician1967
MaskedMagician1967

Didn't Judge Susan Bolton already decide this issue for Tom "Banned for life by the SEC" Horne?

 

IIRC, Judge Bolton already ruled that the voter-approved initiative could go into effect, thanks to GED Jan's own incompetence and the fact that Horne's job is to interpret the state's laws.

 

And why is MontyPug getting involved? Doesn't he have better things to do, like being a lapdog for the Flaccid Fucknut?

 

Former AZ U.S. Attorney Dennis Burke already answered this question for MontyPug and Horne: We will NOT target ANYONE IN COMPLIANCE with state law.

1234
1234

And another thing, if this effort by Tom Horne actually does succeed (doubtful, they already told Brewer to stfu) it's just going to backfire in his face. It will surely lead to a major increase in the creation of MMJ collectives (not dispensaries) if a judge rules in favor of Tom Horne. So, patients need not worry! There will always be somewhere to find medication despite the repeated efforts of tyrants like Horne, Brewer, Montgomery, etc. to thwart the will of the voters and keep us down. 

1234
1234

I love it. Conservatives tout state's rights when standing up for a racist law like SB1070, but then tout federal preemption to get rid of a (voter approved) law that helps sick people. Put simply, they use the arguments of state's rights and federal preemption at the WRONG times and to further their own agenda. No one would blame them if they used the federal and state argument at the RIGHT time. Sometimes, federal laws are wrong (pot prohibition) and sometimes state laws are wrong (SB 1070, Jim Crow laws, etc.). It shouldn't be hard to figure that out, but obviously it is. Apparently, these conservative wing nuts think whats wrong is right and what's right is wrong. Tom, please pull your head out of your ass! That goes for you too, Bill!

RetiredArmy
RetiredArmy

The for profit prison lobby these two represent must be putting the pressure on. These two and the for profit prison lobby they work for hate democracy and the electoral process.

 

I think any elected official that tries to block a voter initiative should be required to pay their own court costs. They are not working for the people, so why are the people required to pay for these anti-American, anti-democracy attacks on the will of the people.

 

Wake up Arizona/Maricopa County, when you take away another persons freedom, you take away your own right to be free.

Cozz
Cozz

So in other words, HorneyDog and Montepoodle are telling the voters to fuck off.

Here we go again....

When will the voters ever learn.

robert_graham
robert_graham

As much as I actually support medical marijuana it is still illegal under Federal law so I do agree with them.

Flyer9753
Flyer9753 topcommenter

These two are such idiots. It's the ARIZONA SUPREME COURT.

 

his means by law they are answerable only to the laws of the State of Arizona, not the Federal Laws, which means they cannot rule on any FEDERAL ASPECT to this, they can only rule from the States perspective. You would think a couple of lawyers would know this basic legal fact.

 

That being said the AZ Supreme Court has no choice but to rule in favor of the VOTER APPROVED LAW and order the Voter Paid and answerable too employees (including these two blowhards) to get their butts in gear enacting the law.

SeedyWard
SeedyWard

Last I knew state courts didn't rule on questions of federal law. As far as I can tell a state could flat out legalize, washing its hands of prohibition enforcement altogether. The feds would be free to still enforce relevant federal statutes, but that is their call and not that of the state.

m2old4bs
m2old4bs

I'm beyond disgusted with these elected officials who display an utter disregard for the will of the voters.  

narizona
narizona

I love it when our elected public servants as they are ...........elect to come into our homes invade our privacy and tell us what we can and can't grow in our gardens fuck you horne and you to faggot montgomery  can any one say BIG BROTHER?

Tommy_Collins
Tommy_Collins

Suddenly our county and state attorney general are worried about state law paralleling federal law? This must NOT be related to immgration. Unless they are going to say that illegal immigrants are providing the medical marijuana and the federal agencies are not enforcing drug laws. Yeh, that's it, that's the ticket...

 

What a couple of yojos the people have elected.

teknik
teknik

 @1234 and these collectives will keep prices down, especially as the market becomes saturated.

 

dispensaries are bad for the patient who wants to control both pricing and quality by growing their own.

aztek1123
aztek1123

 @RetiredArmy I am with you here.By for and of the people.We are the people.Oh well at least Horne may be going to jail for the fraud and hit and run charges~!

 

Cozz
Cozz

 @RetiredArmy

 Absolutely, the voters voted it in. If the politcians are against it, they sure aren't working for the people, only they're personal agenda's.

david_saint01
david_saint01 topcommenter

 @JoeArpaioFan lol just like these two are doing, you are changing your position to suit your own agenda. You support 1070 even though it contradicts Fed law superseding state law, but now want to accept fed law supersedes state? lol i think you, monty poo, Horne, Brewer, and Coughlin need to get together and figure out which side of the table you are on.  Do you accept Federal law supersedes state law, or not????

1234
1234

 @JoeArpaioFan But JoeArpaioFan, what about state's rights? If you are a true Arpaio supporter, you should be all about state's rights, shouldn't you?

DonkeyHotay
DonkeyHotay topcommenter

 @Flyer9753 Legal FAIL!

 

Federal Law PREEMPTS your lowly State laws ... always has, always will.

.

MaskedMagician1967
MaskedMagician1967

 @Flyer9753 Flyer, a federal judge already told Tom Horne to permit the AZMMA. 

 

Horne and MontyPug are facing extreme political pressure and are throwing the will of the people away. Hence the reason both these fools deserve to be booted come November.

robert_graham
robert_graham

 @Flyer9753 And illegal immigration is illegal under federal law so SB1070 should be enforceable because it is a state law, right?

marcy
marcy

 @SeedyWard Absolutely correct.  Arizona is perfectly free, via voter initiative, to prohibit state prosecution of certain actions, even if those actions are illegal under federal law.

 

Montgomery is arguing that Arizona can't NOT prohibit marijuana cultivation and use. 

 

It's a losing argument and entirely different than arguing that the state can prohibit activities that it isn't allowed to prohibit because those activities can only be regulated by the feds.

david_saint01
david_saint01 topcommenter

 @Tommy_Collins lol i love it, they are digging their own graves and dont even realize it by saying Fed law trumps state law and their argument with 1070.  I always find it amusing when politicians say one thing, then the next is contradictory to the position they previously took..when it suits them. 

DonkeyHotay
DonkeyHotay topcommenter

 @teknik  Complete BULLSHIT.

 

The PRIVATE Patient Grower / Caregiver Grower market is 10x as large as the idiots who shop at retail dispensaries, add to that the massive overproduction from California that floods into other states and it is clear to anyone who isn't a stoned high-school drop-out that the Dispensaries do not make the market, they follow it.

 

 

Flyer9753
Flyer9753 topcommenter

 @DonkeyHotay hahaha

 

You LEGAL FAIL!

 

While yes the Fed overrides State, State supreme courts, which is what we are talking about here, only concern themselves with STATE LAW. Legally they CANNOT CONSIDER ANYTHING OTHER THAN STATE LAW

 

So in other words Horne and Montgomery are doing nothing but WASTING TIME talking to someone who can't help.

 

Who are they going to talk to next? The Ice Cream truck driver? That's about the same thing as they have done here.

Flyer9753
Flyer9753 topcommenter

 @MaskedMagician1967 I know.

 

This is Horne and Montgomery trying everything they can - Federal Supremes didn't work, try the state.

 

Next thing you know they will be penning letters to Capt. Crunch asking him to rule on this.

MaskedMagician1967
MaskedMagician1967

 @JoeArpaioFan

 

Judge Bolton will throw out Section 2(b) of BS1070 once again and the U.S. Supreme Court, perhaps the most conservative since William Howard Taft in 1908, will have no choice but to bar it as well.

Flyer9753
Flyer9753 topcommenter

 @JoeArpaioFan I am not going to allow you to hijack this article, which has nothing to do with SB1070, nor my comment, so you can whine like a little bitch about 'those mexicans'

 

Go talk about SB1070 on an SB1070 article

 

Have a good night

fairymagic13
fairymagic13

 @david_saint01  @Tommy_Collins Yeah, and there's not a DAMN thing said about marijuana or the ability of the Feds to regulate it in the US Constitution but there IS on Immigration Policy.  These backwards talking hypocrites need to be disbarred and teathered to a ankle bracelet and then run out of town on a rail!!!

 

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