Replies to post #58550 on American Green Inc (ERBB)

[kenco]

LOL, you are confusing State and Federal law enforcement, State cops are not required to enforce Federal laws, thats why some of the States and localities codified them in the 1st place, so that they could, as long as the law is still on the Federal books, the Feds can smack anyone in violation, regardless of what the States say, they have to change it in congress.

[BADALI]

Arizona judge upholds medical marijuana law


PHOENIX - Arizona's medical marijuana law is constitutional and federal drug laws don't stand in the way of public officials implementing it, a judge said Tuesday in a ruling that sets the stage for the opening of the state's first pot dispensary.

"This court will not rule that Arizona, having sided with the ever-growing minority of states and having limited it to medical use, has violated public policy," wrote Judge Michael Gordon of Maricopa County Superior Court.

The case started with a dispute over whether Maricopa County had to approve zoning for a dispensary in Sun City. It grew to include the larger legal question of whether federal drug laws pre-empt Arizona's medical marijuana law.

Yavapai County Attorney Sheila Polk has stated she might recommend against issuing final county clearances for dispensaries, such as certificates of occupancy. Seven dispensary applicants are authorized to open in Yavapai County. The voter-approved law prevents the state from naming the dispensary lottery winners.

Gordon ruled that the state law only provides a narrow allowance for use of marijuana for medical allowances under a tightly regulated state system, and as a result is not pre-empted by the federal law criminalizing marijuana sale and possession.

"No one can argue that the federal government's ability to enforce the (Controlled Substances Act) is impaired to the slightest degree," the judge said.

Jeffrey Kaufman, a lawyer for White Mountain Health Center, the proposed dispensary that was the subject of the court fight, hailed the ruling.

"It's great news - unequivocal," he said.

The Keep Az Drug Free group called the decision a huge surprise.

"The decision is so obviously wrong it defies reason," said Carolyn Short, a retired lawyer and Chairman of Keep Az Drug Free. "In order to reach this result, Judge Gordon had to ignore clear and consistent higher court (appellate) precedent to the contrary. His decision will be reversed on appeal."

Arizona Attorney General Tom Horne and Maricopa County Attorney Bill Montgomery said they would appeal.


http://www.dcourier.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=113612