In our blog of December 22, 2011, we informed you of the passage of Arizona’s Medical Marijuana Act (Title 36, Chapter 28 of the Arizona Revised Statutes). In the blog, we pointed out some apparent inconsistencies between the Federal and State laws. Specifically, the conduct authorized under the new Arizona law could constitute a violation of Federal law governing the use of marijuana. We also told you, however, that the United States Justice Department stated explicitly that they were unlikely to devote resources to prosecuting persons suffering from serious illnesses and using marijuana under state law authorizing such use.
In the face of the Justice Department’s statement, Arizona Governor Jan Brewer nevertheless commenced a lawsuit in Federal Court claiming that state officials would fear federal prosecution for implementing the law. Specifically, the lawsuit requested that the court invalidate Proposition 203, approved by the voters earlier in the year.
The American Civil Liberties Union, representing the Arizona Medical Marijuana Association, moved to dismiss the lawsuit. In granting the ACLU’s request, United States District Judge Susan Bolton stated that there was no genuine threat of prosecution. The ACLU claimed that the lawsuit was merely an attempt by the administration to undermine the will of the people and deny marijuana use to people suffering from serious health problems.
While the big issue has been decided, we expect that the complexity of the rules implementing the statute will lead to further legal issues down the road.