AZ Attorney General Seeks Summary Judgment in Medical Marijuana Lawsuit
Maricopa County Attorney Bill Montgomery and Arizona Attorney General Tom Horne have each filed separate motions for summary judgment in Superior Court on a lawsuit filed by White Mountain Health Center against Maricopa County and the Arizona Department of Health Services (DHS) on the issue of federal preemption of the state’s medical marijuana law.
“It is the County’s position that the AMMA is in direct violation of the federal Controlled Substances Act and therefore cannot be implemented without exposing County employees to the risk of federal prosecution,” Montgomery said. “The AMMA also runs afoul of the Supremacy Clause enshrined in the U.S. Constitution by our Founding Fathers, which preempts state law that conflicts with federal law,” he added.
Attorney General Tom Horne said, “I was recently asked by 13 out of the 15 County Attorneys in Arizona to issue an Opinion on whether the AMMA is pre-empted by federal law. The two most recent cases, from California and Oregon, clearly hold that states may not authorize what federal law prohibits. These rulings stem from Article Six of the U.S. Constitution, which, in case of conflict gives supremacy to federal law. Therefore, state authorization for growing or selling marijuana is prohibited under federal law and we are therefore asking the court to dismiss the Plaintiff’s complaint.”
If officials in every medical marijuana state felt the way some of those in Arizona do, legal protections for medical cannabis patients would likely not exist anywhere.
While we are quoting the Constitution, let me direct you to the words of the Tenth Amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”
Where does the federal government get the power to make a plant illegal?
Effort supports marijuana to treat PTSD
Superior Court Judge says Riverside, CA can't ban Medical Marijuana Dispensaries
A judge overturned a Riverside, California injunction to shut down a medical marijuana dispensary in the city, saying that current law makes local government closures of the clinics unconstitutional.
The decision by Riverside County Superior Court Judge John Vineyard on Wednesday, Aug, 22, affects only The Closet Patient Care dispensary on Elizabeth Street in Riverside.
The city called the ruling “mind-boggling” and promised to appeal.
James De Aguilera was the man who filed the original court action for the clinic, and he said Vineyard’s ruling sets a precedent for other dispensaries in the city that also face an injunction to close them.
Riverside City Attorney Greg Priamos said there are about a dozen clinics in the city that are open and fighting injunctions to close and that the city has successfully shut down about three dozen.
“We believe the trial court decided wrongly and the Court of Appeal will see the issue differently,” Priamos said.
De Aguilera said Closet Patient Care is one of those that remained open while it fought the injunction since January.
Cities and counties all over California continue to struggle with medical marijuana regulations while the federal government bears down in a decimating series if threats and raids. What was once the bastion of cannabis freedom is being shaken to its very core.
Everyone who cares about this issue must speak up. The time for being silent has passed, as being silent is what allowed things to get to this point. Freedom is freedom, whether it’s about cannabis or marriage or anything else.
Doing anything is better than nothing. Even sharing this story on your social networks is speaking out. If you can influence even one other person, you have done something to stand with medical marijuana patients across the country.
Medical Marijuana to Appear on November Ballot in Arkansas
Federal Medical Marijuana Crackdown Hits Southern CA Again
Federal prosecutors took aim at medical marijuana in southern California yet again, filing three lawsuits and sending out over 60 letters telling medical cannabis operations in Orange County to shut down or face the consequences.
Asset-forfeiture lawsuits filed against landlords who own buildings that house six marijuana shops in Anaheim and the letters order the closure of clinics elsewhere in the OC. Since the medical marijuana crackdown kicked off in CA last fall, more than 300 dispensaries have been targeted in what is known as the Central District of California, the area between Santa Barbara and San Bernardino counties.
In total, 66 warning letters were sent to marijuana dispensaries in Anaheim and La Habra, CA. Some have closed recently, but the feds say 38 remain open.
It has been over 10 months now since the four California U.S. Attorneys announced the crackdown. Since then they have decimated the medical cannabis industry in the state, destroying access for patients and killing thousands of jobs.
And all this comes after Presidential candidate Obama said he would not use federal resources to circumvent state law when it comes to medical marijuana; something that has now become an outright lie. A lot of federal resources are being used to circumvent state law in California as the feds target dispensaries that are completely legal under CA law and well-respected in their communities.
Many hope the upcoming Presidential election will help the situation, but how? Unless Gary Johnson or Roseanne Barr is elected, the crackdown will go on.
Advocates across the state will continue to fight on, but they cannot outlast the feds, who have a ton of resources and can always print or borrow money to get more.
Has there ever been a more disappointed group of voters than those medical marijuana patients who supported Barack Obama in 2008?
Washington D.C. Moving Slowly Toward Medical Marijuana Dispensaries
Several months ago 10 firms received permission to set up dispensaries in our nation’s capital, but according to city officials, none have acquired the regulatory documents needed to begin the process.
The successful applicants for six cultivation centers and four dispensaries have to apply for building permits, certificates of occupancy and business licenses before they register as part of the medical marijuana program. Each of these documents would be issued by the D.C. Department of Consumer and Regulatory Affairs.
“As of this morning, we have not issued any certificates of occupancy to any of the approved medical marijuana cultivation centers or dispensaries,” DCRA spokesman Helder Gil said Monday. Each firm needs a certificate of occupancy to apply for a business license.
Dr. Saul Levin recently took over as the city’s health director, and he said the program has “moved out of our area” and “into the regulatory side of getting this up and running.”
“I can’t even give you a date,” he told The Washington Times earlier this month. “In order to do this right, we don’t want to rush it.”
Some of those on the other side of the process seem to agree. “No one would want to sacrifice doing this the right way,” said Corey Barnette, a principal at District Growers. “I’m happy the District is being cautious in rolling it out.”
Mr. Barnette’s firm is among five cultivation centers approved for registration near New York Avenue and Bladensburg Road in Ward 5. He said his operation is finishing up the construction, or “build out,” of its warehouse to make it ready for marijuana cultivation and he hopes to apply for a certificate of occupancy by next week.
Patients in Washington D.C have waited a long time for better access to their medicine, and for some, relief may be coming soon.
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