Tom Horne: Arizona Medical Marijuana Act Preempted by Federal Law, in Part; Cardholders OK, Dispensaries Could be Nixed by Court

Categories: Medical Weed

See also: Medical Marijuana Dispensary Lottery Coming Tuesday, and Will Be Streamed Live Online

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Tom Horne issued an opinion today that Arizona cannot authorize the opening of medical-marijuana dispensaries because they would be against federal law. If a state court backs up his opinions, next month's expected opening of dispensaries might not happen, after all.

Arizona should not authorize medical-marijuana dispensaries as voters intended because they would violate federal law, says state Attorney General Tom Horne.

But the state's 2010 medical-marijuana law isn't preempted by federal law in decriminalizing pot possession by cardholders and caregivers, Horne says.

Today's legal advice from the state's top cop came in the form of an official opinion crafted by lawyers in Horne's office, following requests for the opinion by law enforcement officials.

Horne says the analysis was conducted "without regard to policy considerations as to medical marijuana as an issue, and without regard to my views."

Tomorrow's lottery for dispensary applicants will go on as planned, Horne wrote in a news release, because the lottery selection only grants preliminary approval.


The state Department of Health Services must inspect a planned dispensary's facility and issue final approval before the shop can be opened. Horne advises prospective dispensary operators to hold off on their plans until a court ruling decides the matter -- something he expects to happen soon.

"A court may or may not agree with this opinion," Horne wrote. "We expect that there will be a motion for accelerated resolution of this issue in a pending court case."

Horne's likely talking about the case brought by White Mountain Health Center, which wants to open a dispensary in Sun City, against Maricopa County. 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.

Theoretically, Governor Jan Brewer could take Horne's opinion to heart and stop the state DHS from issuing any dispensary approvals, or even stop tomorrow's lottery. We're awaiting a response from Brewer's office on Horne's opinion. However, Brewer has said recently that she will move forward with the program.

For cardholders and most caregivers, Horne's opinion means that if pot users can obtain their marijuana somehow, they're still off the hook for state prosecution thanks to the state law.

However, the state law is preempted by federal law where it authorizes cardholders to do something, such as grow marijuana "or otherwise violate federal law." In other words, caregivers growing the statutory maximum of 12 plants for each of five patients aren't in the clear under state law, because their actions are preempted by state law, according to Horne.

Horne's opinion isn't entirely clear on whether the decriminalization aspect of the state law allows cardholders to possess live plants as well as dried pot. Since the DEA isn't likely to go after a single pot grower, and local and state police can't bust people on state law for possessing plants, it would appear that Horne's opinion is good news for small growers, too.

Despite Horne's denial that his opinion is some kind of political statement, don't think that politics isn't at play here. Horne was pressured into making his opinion by anti-pot forces including Yavapai County officials who misrepresented the Arizona U.S. Attorney's opinion on dispensaries in a recent letter to the governor.

In Colorado, which has run a program of state-authorized, medical-marijuana dispensaries for a few years with no problems, Attorney General John Suthers has not received requests for any opinions related to that state's medical-pot program, nor has he issued any opinions, says his spokeswoman, Carolyn Tyler.

California has seen a crackdown by the feds on its dispensaries -- which aren't authorized by the state, as they are in Colorado.

Here in Arizona, elected officials and police don't give as much credence to states' rights (except in the immigration debate) and believe people should be bowing to their federal masters.

Arizona's dispensaries, authorized under the voter-approved 2010 law, have already been delayed more than a year because of Governor Brewer's whim. After being slapped down in court first by a federal judge, then by a Maricopa County Superior Court judge, Brewer was ordered to implement the program as voters intended. But the key issue of federal preemption wasn't decided in either of those cases.

Now, the question of whether Arizona gets dispensaries like Colorado is apparently in the hands of state judge who just doesn't know it yet.

Click here for a copy of Horne's opinion.



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51 comments
pansies1136
pansies1136

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PotUser
PotUser

Just saw Montepoodle on the news threatening to arrest anyone for growing pot whether or not they have an Arizona State ID card that says they are allowed to grow.

 

Can't wait to see the lawsuits being filed over this one if he arrest anyone authorized by the State of Arizona to grow for personal use.

 

Sounds like a class action suit needs to be filed against Arizona by all those duped into giving up money for the chance for a dispensary license and very possibly everyone giving a license to cultivate.

Sedona_Sherpa
Sedona_Sherpa

Does anyone take this clown serious anymore?   TH needs to go open a law office with that other clown...Deniss Burke!

pvplacid
pvplacid

Seems to me the only reason those other two lawsuits got dismissed was because Tom Horne didn't take a position about whether our "medical" marijuana law violates federal law. Now that he's taken a position that our law is preempted by federal law, it's pretty clear what's going to happen. So, unless federal law is changed, there aren't going to be dispensaries in Arizona or anywhere else. Oh well, I hear hydroponics work great for growing tomatoes. At least, that's what they're saying in California.

narizona
narizona

The picture of tom at top of article he looks like he has a horn up his arse you suck tom ,and not just politically .but literaly! grow your own ! forget about 25 mile law the whole program up to this point has been a joke anyway !

DonkeyHotay
DonkeyHotay topcommenter

The Greedy Big $$ Dispensary Cartels and the Puerile Pot Clown Show they put on invites Federal Enforcement, excessive State Regulations and Public Blowback.

 

The Greedy Big $$ Dispensaries DESTROYED in less than 2 years what was a functioning and discrete Private Patient / Grower Medical Marijuana system in Colorado for 8 years prior.

 

Is Arizona stupid enough to repeat the same mistakes that Colorado made?

 

 

wanumba
wanumba

These assholes running the state...they just can't stand that the voters made a choice (3 times)....

 

Horne, STFU

teknik
teknik

I agree with Tom!

 

let the card holders take care of themselves, lets keep the millions of dollars pot shop owners will take and leave it in the pockets of our patients.

 

just say no to the 25 mile rule!

marcy
marcy

Tom Horny couldn't craft a winning legal challenge if his job depended on it.

 

And Jan Brewer knows it.  She's going to lay low on this one, particularly since her husband is in bed with the primary pot prescription dispensers, the naturoquacks.

 

The police and prosecutors are upset because busting people for pot is a big part of their business.  If pot was completely legalized some of those prosecutors and cops might have to find a new line of work.

 

gerry_c
gerry_c

Seems like Brewer and Horne would be screaming states rights and Federalism.

gerry_c
gerry_c

Uncle Tom knows what is best for us.

yismail
yismail

The people have spoken, time for these clowns to remember who runs this country.

klops
klops

Yet another attempt by Arizona's politicians to thwart the will of the people. Shame on you, Tom Horne!

bergus
bergus

So let me get this straight, SB 1070, which would have allowed racial profiling if enacted, is not preempted by federal law while Arizona's MMJ program is? If I recall correctly, Tom Horne was a supporter of SB 1070. What ever happened to Republicans being all about states' rights? Oh yeah, Republicans only tout states' right when defending racist laws like SB 1070 and the other segregationist laws of the past. 

WhoKnows
WhoKnows

Wait.  Wasn't Horny already part of the suit brought by uor dunk governor, where the court told them to jut go away?

 

He should be spending him time on charging those involved with SCA.

azcumsquelcher
azcumsquelcher

this isn't medicine. Since when is medicine smoked? Since when does a patient visit a doctor with the intention of being prescribed a specific medication? Since when is a medication available at a dispensary rather than a pharmacy or a physician's office? Marijuana is and always will be a recreational drug. For every condition that marijuana can treat, I guarantee that there is another treatment option that is both safer and more legitimate than smoked cannabis. Marinol is a perfectly acceptable form of 'medical marijuana,' but the pot lobby continues to argue against it... I believe that this revolves around the fact that marinol doesn't get you stoned like smoked marijuana does, not to mention it's in pill form and the novelty of smoking pot is devoid from the "treatment" process

jeanjb
jeanjb

we dont need money grubbing dispensaries,they will just druve the price of meds through the window.

there is plenty of support in the homrgrown community to help ANYBODY wanting to grow their own!(and even support of meds while you wait to harvest),it is much more economical!

shadeaux14
shadeaux14

He's too cowardly to do anything about the abuses by the MCSO and the Fiesta Bowl scandal but he sure can go after sick people.

 

He is the personification of hypocrisy.

jetdoc1
jetdoc1

 @truthseekeraz Ya know, when Private Prisons were passed here in Arizona, there was a REQUIREMENT that companies like Corrections Corp of America, Wells Fargo etc...  were to submit a report EVERY YEAR, to the State of AZ, showing how many were incarcerated, Level of offenders, and last but definitely not LEAST.  They were to also include in this report EXACTLY how much money they've SAVED the State of AZ, therefore showing Private Prisons to be more "economically feasible" for the State than running their OWN prisons.

 

Guess what???  It's been almost 6 yrs. now IIRC, and they've NOT submitted ONE report like this to the State!  So we really have NO IDEA that they're saving us money, especially when their contracts are written that we MUST keep their prisons at 98% Occupancy.  If NOT?  WE the taxpayers have to pay a Penalty to them. 

 

IMHO, these reports haven't been submitted because they don't FIT, the criteria of saving us money.

dmclain7
dmclain7

 @PotUser They are not just arresting the Pot grower but Caregivers selling to cardholders!.  $10k to hire lawyer just to open case!

jetdoc1
jetdoc1

 @pvplacid The very LAST trial, after the court told him he MUST take a stand one way or the other.  He chose to OPPOSE our MMJ program, and Judge Susan Bolton then DISMISSED the suit, because their arguments weren't VALID.  Montgomery and Horne are ATTEMPTING to SCARE the public.  As soon as they arrest ONE person with a card and WELL within the parameters of State Law, a Court will JAM that up their asses so FAR and so FAST it'll make their heads swim!  I hope people don't believe that these 2 are the FIRST imbeciles with this argument?  This argument's been asserted in OTHER States with MMJ laws and their arguments have been DISMISSED by the court.

 

Horne and Montgomery's argument that "... this law puts State Employees at risk of prosecution." is invalid, because that's NEVER even been threatened in ANY MMJ state, and DEFINITELY not ever HAPPENED.  The US Atty. tells us that their assertions are just FALSE, that SHE isn't going to go after State employees, patients and Dispensaries operating WITHIN State Law.  You mark my words....  Monty and Horne WILL "threaten to arrest and prosecute a State Employee THEMSELVES in order to make that argument VALID!  Me thinks the Court will see RIGHT THROUGH these guys.

witgia
witgia

 @yismail

 like all good repubs they just use the voters to get into office and then run their own agenda.

WhoKnows
WhoKnows

 @yismail This is the THIRD time medical pot was approved by voters in AZ

teknik
teknik

 @klops in this case, I actually agree with him.

 

let patients grow their own, just say no to the 25 mile rule!

 

 

jetdoc1
jetdoc1

 @azcumsquelcher  To answer your question...  Marijuana can be taken in MANY different manners, even though smoking it is the most common method, because it's EASIEST.  The reason you've never had a medicine that's smoked, is because your wonderful Govt. has decided NOT to allow any studies of Marijuana. So they can BLINDLY make claims of Marijuana NOT being a medicine.  No one can refute their claims because the GOVT. controls the ONLY legal cannabis, and they don't give ANY out to ANY researchers.   A drug does NOT have to be synthetic and man made to be a drug!

 

Marijuana's available at a dispensary and not a Pharmacy because Big Pharma hasn't yet figured out how to PATENT a plant?  Since they can't PROFIT from the sale of what many would call a MIRACLE drug, they'll oppose the legalization of same and DEMONIZE it along the way.  It's NOT in Dr.'s offices because of the CSA.  However, if asked... Over 75% of Dr's believe it's a VIABLE medication with the right monitoring, and they'd prescribe it if they were allowed to.  It's ILLEGAL because your Government says so and that's that?  I hope you don't vote!!!  What a SHEEP...  I mean you don't seem to be one that will remotely RESEARCH an issue before coming out and making an ass out of yourself...

 

Marijuana is a "recreational drug" because that's what the Govt. has decided to label it for the past 60+ years.  One of their INITIAL claims about marijuana, when they made it ILLEGAL, was "... It makes WHITE women want to sleep with NEGROES."  OMG....   Marijuana's an ILLEGAL substance because of NUMEROUS reasons, and NONE have to do with the "Scientific Evidence" that marijuana's BAD for you in ANY way!  Since they control the Research of said "DRUG", and by REFUSING to allow ANY studies of the plant, they can FOOL, FOOLS like yourself.  However the Founding Fathers of MY country's constitution gave the Govt. very LIMITED powers and stated in the Declaration of Independence that "it is EVERY Americans duty to disobey an UNJUST law!"  In these "Limited Powers" not ONE of them allows them to make drug policy or infringe upon my right to do with MY body what I choose to do with it.  That's "Personal Liberties" Sir, and by ALLOWING your Govt. to do the things they do, and outlaw X and outlaw Y, but they provide NO Reasonable argument for their prohibition!  Yet you don't QUESTION the actions of our Pols?  One thing I've learned over my several years on this planet, is...  My Government DOES and WILL lie to me!  They'll do it over and over and over so they can "CONTROL the behavior of the population.

 

 Marijuana/Marihuana are NOT the same thing.  Marihuana, you could smoke a whole FIELD of and not get high. The THC levels in Marihuana are almost ZERO, compared to the amount in it's "Medicinal Brother", Marijuana has.  Yet IT'S included in the "Controlled Substances Act" as well.  Now THAT'S paranoia at it's HIGHEST levels.  That's GUILT by association.  Marihuana could save our forests, create 100's of THOUSANDS of jobs which we're in DIRE need of...  put family farms who now are getting PAID by the Govt. NOT to grow a damned thing back to farming again.  The WANT to pay their own way...  They DON'T want you to treat them as a "Charity case".  They want to WORK for their living. Think of all the "Family Farms" that were LOST when the Govt. took their tobacco stance!  These tobacco farmers are hanging on by a THREAD, and we have an opportunity to allow these farmers to grow Industrial Hemp!   You can make GAS, out of it, and then Petroleum Oil, as well.  It can be used as a Livestock bedding as well as be THE HIGHEST GRADE food source for our livestock.  It can make PLASTIC textiles, CLOTHES that last longer than what they do NOW!

 

Now I'd like to address your review of Marinol as well as it's efficacy...  Your assumption that it is a perfectly acceptable form of marijuana, doesn't hold water?  You just defeated your own argument that you made above that statement.  If Marijuana is NOT a "medicine" but a "recreational drug".  If that were TRUE and the Govt. says there's "no medicinal value in marijuana", WHY would they allow the "Synthetic form" of Marijuana to even be made?  Aren't they sorta ADMITTING that Marijuana DOES have medicinal properties by allowing a company to PATENT the synthetic versions and reap the PROFITS off of that patent, when the EXACT same thing you're creating is something the Govt. SAYS has "no medicinal value" to begin with?  If you think it's an acceptable substitute, it may BE for YOU!  But studies available, show that Marinol is very deficient in treating diseases and pain when compared to the real thing,  "Medicinal Marijuana".  You can't just take something that GOD made, decide to create a "synthetic form" of the same and think it'll work EXACTLY  like the real thing!  It's a perfectly acceptable substitute to WHO?  YOU?  Have you EVER been unlucky enough to have something wrong with you that required you to have to take Marinol in your life?  You can't make a blanket statement such as you did, and have ANYONE take you seriously.  The "pot lobby" continues to argue against it because it DOES NOT WORK as well as the real thing!  Not a whole lot of studies have been done due to the Federal Govt. controlling the supply of marijuana to study!  They don't grant ANYONE the right to study marijuana as a medicine or as a drug.  However, here's a pretty good article that refutes what you say for the MOST part!  It agrees with a very small amount of what you were stating, but it DOES cover the Marinol Vs. Marijuana debate.    http://ehealthforum.com/health/marinol-vs-cannabis-t138082.html  Marinol doesn't work for a LARGE segment of the population.

 

But in all reality here...  HOW am I in ANY manner hurting YOU or your family by treating my health problems by Vaporizing marijuana?  If I didn't TELL you that I was a "Medical marijuana" patient, you'd NEVER know.  If I'm a good guy BEFORE you find out that I'm a medical marijuana patient, WHAT changes when you are TOLD I am an MMJ patient?   I mean this is the ULTIMATE invasion of privacy!  I don't do it anywhere but in my own home. I don't DRIVE afterwards.  I sit in my Recliner and watch Sports or listen to music of some sort.  That hurts YOU how?  I'm not asking you to PAY for it in ANY manner, so I'm NOT hurting you there.  I'm NOT giving it to ANY kids, so I don't hurt you there.  The one thing I'm able to NOT do with marijuana, is have to take the MASSIVE doses of Opiates that I've ALREADY been taking for years, that are PRESCRIBED by a very reputable Physician (TOP DOC in his field... Phoenix Magazine 2011 & 2012 to treat my injury.  These are so called medications  that will KILL me in a heartbeat if I do something as innocuous as breaking the pill in HALF to keep from taking a dose that makes me SLOBBER on myself, fall asleep while talking to someone, just totally incoherent.  MMJ allows me to RELIEVE my pain, yet not be a slobbering idiot.  That hurts you HOW?

SeedyWard
SeedyWard

 @azcumsquelcher You might consider refraining from posting prior to doing your homework. Where to begin? 1) Many patients go to specific docs for specific meds. One example is pain clinics. Another example is Methadone clinics (qv). 2) Cannabis doesn't have to be smoked. 3) Marinol does get people high, in many cases way too high. You can't titrate the dosage with an oil capsule (e.g. Marinol (TM), but you can with cannabis preparations that are either inhaled (as in smoked, or vaporized) ,or  taken as tinctures, or edibles.

Upyours
Upyours

 @azcumsquelcher Moron medical marijuana is not smoked is vaporized. Learn your facts and then open you A**hole to speak.

yismail
yismail

I hope you're not giving out medical advise to any family members doc, you are going to get someone killed. Prescription drugs kill over 40,000 people each year, that's more than all our "wars" combined. Marijuana kills exactly 0. And all drugs are abused, from Vicodin, to Xanax, to Prozac, to cough medicine. That doesn't mean those drugs should be illegal. Your thinking lacks any logic, put the beer down and try again Einstein.

Eleanor
Eleanor

 @azcumsquelcher

 You seem to forget that all those ads you see on tv for viagra and cialis and how they drive men in droves to seek an erection pill.....

 

they are so safe....they only cause blindness, extended erections for some and many other "acceptable" side affects I suppose you would think.

WhoKnows
WhoKnows

 @azcumsquelcher You did know that big pharma spends more money on advertising for drugs you can't get without a prescription than they do on R+D, don't you?

 

They WANT people to do to their docs and ask for a specific thing!

LogicalRealist
LogicalRealist

 @azcumsquelcherCumGuzler: 1. if you were educated and knew how to conduct basic research you would find that Marijuana has been used as medicine for as long as humans have been on this planet. 2. for those patients whom are experienceing nausea related to chemo, smoking/vaporizing allows them to increase appetite and reduce nausea allowing them to keep down a meal of which would otherwise be regurgitated... also alternative drugs that treat these symptoms are extremely dangerous. 3. Any educated individual going into a doctors office should have conducted their own research in regards to medical conditions and treatments 4. no you cant guarantee better treatments because you are not a doctor..10,000 people a year die from the recommended dose of aspirin 5.  Patients do not feel Marinol even compairs to the natural form in terms of releiving sypmtoms...and by the way,  its sad to see a human would have a problem with a terminally ill patient experiencing a little euphoria....The reality is you'r an ill informed individual whom needs to step back and remove yourself from medical issues as your oppinon is as pathetic as the rest of those questioning the advise of many doctors/scientists! 6. I leave you will a quote from Lester Grinspoon, Harvard Medical School: "Marijuana is one of the safest therapeutically active substances know to man" 

WhoKnows
WhoKnows

 @azcumsquelcher You must live in a cave.  You ever see ads on the TV where they promote a drug that you can only get with a prescription?  They WANT people to see their docs and ask for their super cure!

 

Your Grandma took Opium, BTW.  "Laudanum" is a mixture of Opium and alcohol, and was commonly given to women with menstrual cramps.

 

Alcohol is a drug, and used by many while partying.  But did you know that it's also kept in many medical lockers at hospitals?  Somewhere, I have a beer can with a prescription label on it, that I was given while in the hospital?

pvplacid
pvplacid

 @jetdoc1 Unfortunately, you're wrong about Horne taking a position. He refused to take a position in the federal lawsuit, so Judge Bolton dismissed it. Apparently, he can still file the complaint again anytime. As far as the state lawsuit, Horne didn't even raise the issue about the federal law for some reason. Not sure why he waited until now to raise the federal law issue, but it appears to be front and center for him at this point, spelling big trouble for the dispensaries. 

azcumsquelcher
azcumsquelcher

 @SeedyWard First of all, methadone clinics are for recovering opioid abusers - a totally different subject. People don't go to methadone clinics when they need prescription opiates for their pain - these places are for drug addicts to find a substitute for their heroin. Secondly, pain clinics are notorious for being used as "pill mills," but I don't deny that they exist nor do I deny that some people use them for legitimate medical purposes. (2) I've never said that cannibis has to be smoked. (3) From what I've heard, people mostly complain that marinol doesn't effect them nearly to the extent that they would care for. Apparently the rate of absorption of THC from the pill is significantly lower than when smoked/inhaled; however the timeframe of marinol's action seems to mirror that of orally consumed marijuana, as both must first be digested. This is definitely an issue but one that can be worked around. we don't need to resort to using unproven raw plant materials to treat conditions when we have the means to create safer chemicals. And don't give me the bullshit about how marinol is going to kill people like aspirin and every other lab-produced drug. Synthetic does not signify dangerous

azcumsquelcher
azcumsquelcher

 @Upyours Actually, medical marijuana is smoked, vaporized, cooked into edibles/oil, tinctured, sprayed and used in a whole butt-load of other ways. Sorry I can't speak out of my asshole for you :(

azcumsquelcher
azcumsquelcher

 @yismail hahaha thanks bro. You sure do know how sound intelligent when you make the point that our wars kill more people than pot. You sound like a fucking hippie. Just because all drugs are abused does not mean we should suddenly rebrand one drug as medicine. Maybe you should lay off the chron and go back to school

davelog
davelog

 @Eleanor Have you noticed that Viagra commercials are all tinted blue now? That's one of the common side effects of Viagra, blue-tinted vision. Cute how they've worked that into their corporate identity.

azcumsquelcher
azcumsquelcher

 @WhoKnows It doesn't make it right. I'm not playing the side of the pharmaceutical companies. I just will not accept that weed is genuine medicine.

azcumsquelcher
azcumsquelcher

 @LogicalRealist Thanks for the info Doc. I'm obviously not nearly as educated as you because of (1) your name and (2) the fact that you know sooooo much about the therapeutic benefits of bud. bro. Let me address some of your points. 1. We are in the age of modern medicine. If you want to use antiquated and unproven forms of treatment for your illness, you have the freedom to do so. I, along with most life-loving people, will choose western medicine over snake oil when faced with truly debilitating conditions. 

2. You must be a researcher at an institution or something to off-handedly state that all other alternatives to marijuana (in cases of wasting disease and appetite disorders) are "extremely dangerous." Have you ever heard of marinol? It's THC in pill form that is designed specifically for these cases. I'm sure you think it's garbage as is anything else produced by big pharma.

3. I will agree that as a patient, your responsibility is to do some amount of research, but this does involve self-diagnosing or self-prescription. Dr. Web MD reporting for duty!

4. You are not a doctor either, so why are you so heavily endorsing marijuana as a medicine?

5. This argument is used by people like you who will stop at nothing to get their natural pot. A pill isn't good enough for you as medicine but a blunt most certainly is. Smoking is unhealthy, and I think you could do your own research on the effects of combusted plant materials being inhaled into your lungs, even if that plant is the mystical medicinal ganja plant brah

 

 

and the rest is just a personal attack stating how ill-informed and pathetic I am... oh and you follow it with a harvard quote lol! THat doesn't mean shit buddy. You must have just graduated high school. Good luck convincing actual medical professionals on this subject Dr LogicalRealist

azcumsquelcher
azcumsquelcher

 @WhoKnows I actually do live in a cave. And yes, I agree that people seek out specific medications from their doctors. This is abuse of the health care system though. It happens in cases like you mention, but it also happens with people scamming doctors for opioids, benzodiazepines, and every other drug that's commonly abused. It's wrong that people show up at their doctor's office with the intent of getting a certain medication, especially one that gets you high. This is evident in the presence of medical marijuana consultation clinics, where you essentially state your issue for the express purpose of obtaining a med card. You don't go to an oxycontin doctor for your back pain. You let you physician do the decision making

jetdoc1
jetdoc1

 @truthseekeraz See, they're ALL "Pot2Prison Politicians" basically!   They make $$$ by keeping pot  illegal. Why would they EVER oppose legalization?  There goes 50% of your prison population MINIMUM of these now "Over Crowded" prisons in this country.  Legalize marijuana and all of a sudden Govt. IS too big.  Roll the DEA in with the ATF or Homeland Security and RETIRE many of your older agents!  SHRINK the size of our Prisons get the spending UNDER CONTROL and I think we'll find we don't NEED these "Private Prisons"

jetdoc1
jetdoc1

 @truthseekeraz EXACTLY!!!  Hey, I found out that the DEMS are in this up to their ears as well.  The CEO of CCA, turns out he was a Candidate for Congress HERE on the Democratic Ticket in 1994, 1996 & 98...He ran for AG IIRC....  Name.... Steve Owen

jetdoc1
jetdoc1

 @pvplacid Sorry for my mis-statement!  Bottom line is.... It's ONE BIG CLUSTERF*^K, however you slice it...  They CONTINUE to attempt to thwart the will of the voters, the same as is the Federal Govt. on this issue as well.  I've said it before, but this is EXACTLY how "Alcohol Prohibition" ended.  It took 10 yrs for that to happen, but it was the States who decided to just QUIT participating in Raids on Alcohol, QUIT prosecuting people caught with Alcohol, QUIT arresting people for Alcohol.  It was the States in essence who ended Prohibition!  Sorta like it IS with Marijuana I believe.  This is one last GASP to squelch the industry, but the PUBLIC has seen the $$$ that can be made in this industry...  they've SEEN the Health aspects of Cannabis.  The PEOPLE will be the ones to end "Marijuana Prohibition" as a matter of fact ONLY the PEOPLE will end "Marijuana Prohibition" IMHO! ; )

pvplacid
pvplacid

 @jetdoc1 No sweat, jet. That's the big flap -- they DIDN'T take a position in the federal lawsuit even though the Judge told the AG to do so. You might be thinking of the fact that the Governor came out after the lawsuit was dismissed and said she wouldn't allow it to be implemented because Judge Bolton refused to tell them what to do. Ha. What a circus. Hard to keep it straight. The Gama suit is a similar circus. The AG never mentioned the federal law in that lawsuit, so Judge Gama didn't decide anything about it. Not sure why nobody mentioned it, but they didn't. So Judge Gama's ruling, like Judge Bolton's ruling, made absolutely no determination about whether AMMA is illegal. Governor Brewer gave the AG a "waiver" to challenge AMMA in court, which is probably what they should have done a long time ago instead of waiting until the last second. So, nope, until last week, neither the AG nor the Governor opposed implementation of the law in court. Governor Brewer made statements back and forth for two years, but none of them were in court. Funny thing is, now that Horne IS taking a position, Brewer is telling the health department to go forward. What? WIth Horne and the 13 County Attorneys saying its unconstitutional, they're probably right, so the Governor telling the health department to proceed actually is pretty funny. Don't you wonder whether SHE would issue dispensary licenses herself? Not a chance. Nah, she'll let the state employees be the criminals.

jetdoc1
jetdoc1

 @pvplacid  I thought for SURE that Judge Bolton MADE them take a stand one way or the other and Brewer chose to OPPOSE the bill.  But STILL wanted her to decide the "Legality of the law", and that's when Judge Bolton DISMISSED the suit!  After Judge Gamma's order came down to "implement the program", and now with the dispensaries being awarded, and 30,000 people have gotten their cards.  Tom Horne's position puts him in DIRECT Conflict, with the Governor's at this time doesn't it?  She somehow gave HIM immunity (I can't remember the name of it) to OPPOSE the Law, even though she was going ahead and implementing the program.  Horne works at the BEHEST of AZ citizens and his JOB is to DEFEND the laws that WE as CITIZENS of Arizona PASS as well as our Legislature.  If I'm wrong, I'll readily admit it.  I just don't think on this one that I AM totally wrong.  I may not be TOTALLY right either, but I could've SWORN that they chose to OPPOSE implementation of the law and then it was dismissed!!

 

Like I said if I'm wrong, please FORGIVE me, I didn't mean to argue a WRONG  point that was WRONG

azcumsquelcher
azcumsquelcher

 @WhoKnows His individual case does not give credence to the notion that marijuana is medicine. My personal use of drugs is irrelevant to the conversation; however, I will say that in addition to marijuana having the supposed benefits of an analgesic, antiemetic, and appetite stimulant, it's use also involves negative side effects such as paranoia, increased heart rate, and general symptoms of anxiety. It is not a cure-all and the effects of the drug differ greatly from person to person. I can see why it may have helped your friend's dad at one point, but it may be the furthest thing from therapy for another patient

WhoKnows
WhoKnows

 @azcumsquelcher Have YOU ever used pot?  Ask a friend, family member, coworker, or neighbor, because with out a doubt, someone you know has used it.

 

A friend of mine's dad had to undergo chemo therapy about 30 years back.  The doctor told the older lawyer that if he had access to pot, it could be beneficial.  My friend was a bit stunned when her dad asked her to buy some pot for him.  And he used it, and it helped.

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