Bill Montgomery Loses in Petition to AZ Supreme Court on Medical Marijuana, But Fight Still On

Bill Montgomery
Maricopa County Attorney Bill Montgomery has been shot down by the Arizona Supreme Court in his attempt to expedite a decision about Arizona's medical-marijuana law.

Today's decision by the state's highest court to reject Montgomery's petition represents a lost battle for the conservative lawman's crusade against the voter-approved law, but the war goes on.

Through the petition Montgomery filed in January, the county attorney was hoping to bypass a pending decision by the state Court of Appeals, which is still reviewing a trial court decision that upheld the 2010 law.

The case that appears destined to solidify or destroy the Arizona Medical Marijuana Act has to do with a would-be dispensary's fight against Maricopa County for zoning approval.


White Mountain Health Center sued in June after county officials refused to cooperate with the company over zoning information. The county's position stems from a 2011 decision by the county Board of Supervisors to fight the medical-pot shops based on advice from Montgomery, who hopes to derail voters' wishes based on his belief that the law is unconstitutional. In August, he and state Attorney General Tom Horne -- another Republican prohibitionist -- decided to use the White Mountain case as a wedge that could dislodge the medical-pot law.

But in December, Superior Court Judge Michael Gordon rejected the challenges by Horne and Montgomery, ruling that Arizona's law did not preempt a federal ban on marijuana. The feds can still enforce federal laws against marijuana, but state voters have chosen to conduct state enforcement differently, according to Gordon.

Montgomery appealed the case to the state Court of Appeals, then filed the petition to the state Supreme Court because he wanted a quicker decision.

Now, it turns out, he'll have to keep waiting.

Montgomery declined to comment on the rejected petition.

(Tip of the hat to political reporters Evan Wyloge and Gary Grado -- thanks for the tweets!)



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5 comments
DaveKAz
DaveKAz

We used to build schools in Arizona before these barbarians started using our tax dollars to fight in court for their own discretion's or against the voters in the state.  How do you teach the children in Arizona to be tolerant when we have the most intolerant prosecutors who break the law and legislators who cannot stand patients, women, Hispanics, gays, transgenders  or anyone unlike themselves?  Believe it or not we even had nationally respected politicians before we became the laughing stock of the country.  It's time to go back to building schools rather than prisons and to vote out people like Monty and Horne(y).  

timdlittle
timdlittle

what a fucking waste of my tax dollars. How and the fuck do I keep paying this yahoo?

jammerk65
jammerk65

the mmj axis of evil,bill montgomery,kimberly yee,and tom horne, vote em out next election1....

MandyMountain
MandyMountain

Monty cried out, "Help! I'm being oppressed!"

L.C.
L.C.

What a little weasel.

Just another Republican trying to undermine the will of the voters.

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