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  3. Arizona Medical Marijuana Law Upheld

Arizona Medical Marijuana Law Upheld

Dec 14, 2012 | Phoenix Marijuana Attorney

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We’ve reported in the past about the apparent conflict between federal law, under which possession of marijuana is a crime, and Arizona’s Medical Marijuana Act, which permits the use of the drug for certain medical conditions. The issue was brought to the forefront last week in a ruling last week that emanated from a lawsuit concerning local zoning regulations applicable to medical marijuana dispensaries. The question was, given the conflict between state and federal law, whether Maricopa County was required to approve zoning for a dispensary in Sun City

While the state has issued permits for the operation of dispensaries, the county balked at providing White Mountain Health Center with documentation that it is in compliance with local zoning laws. White Mountain sued, and this ruling followed.

The government argued that the state law, which permits the use and possession of marijuana, is pre-empted under the federal drug laws. The American Civil Liberties Union argued, however, that medical marijuana was not invalidated as a result of the pre-emption argument.

The state law has been opposed by Governor Jan Brewer and other state and local officials, and the refusal to issue the zoning approval is just the latest in a series of attempts by the government to block implementation of the law. Opponents of the recent attack included the Maricopa County Attorney and the Arizona Attorney General’s Office.

In his decision, Maricopa County Superior Court Judge Michael Gordon said that he would not rule that the Arizona statute violates public policy. In that regard, Judge Gordon noted that federal law still classifies marijuana as a Schedule I drug, meaning that in its view, marijuana has no accepted medical use. He said that the state has a very different view of the drug, and he rejected arguments that public workers could be charged with a crime under federal law for aiding in the commission of a crime.

It is anticipated that the ruling will allow the approval process to move forward for 125 dispensaries that are currently licensed in Arizona.

Law Offices of David A. Black
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