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Brewer, Horne Sue Over Medical Marijuana

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Gov. Jan Brewer and Attorney General Tom Horne will ask a federal court to determine if Arizona's new medical marijuana law is legal, they announced Tuesday.

The two said court action is needed to determine if the Arizona Medical Marijuana Act violates federal law.

The state will seek a declaratory judgment regarding the measure, Brewer said.

"Arizonans deserve clarity on an issue with such dire legal implications," Brewer said.

State authorities have already begun issuing medical marijuana cards to patients who receive a doctor's recommendation, a process that will order to stop.

State Health Director Will Humble, who was an opponent of the law, said he will issue cards until the suit is filed. "Until then, the department will continue to issue `qualifying patient' and 'designated caregiver' registry cards on our website,'' he said.

Horne plans to file suit Friday, the attorney general said.

The federal government has given conflicting signals regarding medical marijuana.

While marijuana remains illegal under federal law, Attorney General Eric Holder said last year that the feds do not plan to prosecute patients and providers who grow, possess and use pot under state medical marijuana laws.

Complicating the situation in Arizona is the vast trade in marijuana smuggled through the state. Federal officials have said they do not plan to decrease enforcement operations against marijuana.

The U.S. Attorney for Arizona, Dennis Burke, warned in a May 2 letter to the state health department that "growing, distributing and possessing marijuana, in any capacity, other than as a federally authorized research program, is a violation of federal law regardless of state laws that purport to permit such activities."

The feds will "vigorously prosecute individuals and organizations that participate in unlawful manufacturing, distribution and marketing activity involving marijuana, even if such activities are permitted under state law," Burke said.

"For the state employees charged with administering the medical marijuana program or the Arizonans who intend to participate as consumers, it’s important that we receive court guidance as to whether they are at risk for federal prosecution," Brewer said.

Medical marijuana also may threaten federal grants to the state Department of Public Safety, Brewer said.

Proposition 203

Voters narrowly approved Proposition 203 in last November's election, making Arizona the 15th state to approve medical marijuana.

The law allows a qualifying person with a doctor's recommendation to receive 2.5 ounces of marijuana every two weeks from licensed dispensaries. Qualifying conditions would include cancer, glaucoma, AIDS and chronic pain.

Arizona voters approved medical marijuana use in 1996, but the measure never took effect because it would have required a doctor's prescription, which is illegal under the federal law. Proposition 203 requires a doctor's recommendation, which would have the same weight as a prescription but only on a state level.

News Hawk- Jacob Ebel 420 MAGAZINE
Source: tucsonsentinel.com
Author: Dylan Smith
Contact: Contact Us
Copyright: TucsonSentinel.com
Website: Brewer, Horne sue over medical marijuana
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Never ask for permission, you beg for forgiveness.


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Hey Govenor Brewer the people of AZ voted for prop 203 you got a problem with this. You don't seem to care about what the feds say about other issues like medicaid or imigration you and your lackies passed laws on these issues saing it was the states right to do so. Not voted on by the people so stand up and fight for the people who voted you into office. Then sit back smoke a fatty and relax!!!!!

Julie Gardener

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I am going to doc sunday for my recommendation will I be able to get my card

Yes, you should receive your recommendation the day you visit the doctor which is the first step to getting your card. Please go here for details on receiving your card Arizona.

Be informed and be well.



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People still think the chioce is there's. Goverments always there to show them. :peace:

Propa Gator

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State Health Director Will Humble, who was an opponent of the law, said he will issue cards until the suit is filed.
He wouldn't dream of allowing the process until a ruling is made.
They've already disallowed any home-grows.
If you're going to Arizona and need stress/pain relief: bring grease.

"Badges?? We don't need no stinking badges."
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