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Maricopa County Attorney Bill Montgomery intends to ask the Arizona Court of Appeals to temporarily block a lower court ruling that the state's medical-marijuana law is constitutional.
Montgomery's remarks came Thursday, almost immediately after Superior Court Judge Michael Gordon refused to grant the county attorney's request to stay or suspend the medical-marijuana ruling. In the meantime, Montgomery said his office "will take the necessary steps to comply with" the judge's order.
Last week, Gordon ruled federal drug laws do not pre-empt the Arizona Medical Marijuana Act and that public officials must implement the law as voters intended. Gordon also ruled Maricopa County officials must provide zoning documentation for a potential medical-marijuana dispensary in Sun City. The ruling essentially paved the way for dispensaries to open without fear of prosecution by law enforcement.
Gordon on Thursday said he would give Montgomery's office more time to comply with his order pertaining to zoning documents involving the Sun City dispensary.
During a 45-minute hearing, Montgomery continued to argue that county officials would violate federal law since marijuana is illegal under the Controlled Substances Act. Montgomery said Gordon's ruling puts him in a "very precarious" position.
"As the chief law-enforcement officer for Maricopa County, I have to provide guidance to law-enforcement agencies throughout the county," Montgomery told Gordon. "If we're forced to act at this point in time without having a final ruling, my ability to give advice to those law-enforcement agencies is negatively impacted."
Montgomery also told Gordon that if he were to act on the ruling, "I'm going to be violating part of my oath in giving advice to Maricopa County to pursue a course of conduct that I know is going to lead to activity in violation of federal law."
Attorneys for the White Mountain Health Center argued that other public officials across the state have performed administrative acts tied to the medical-marijuana law and have not been prosecuted. Attorney Jeffrey Kaufman argued that White Mountain Health Center is being harmed by the county's reluctance to say whether county zoning is even appropriate for the center to open a dispensary.
The state's first medical-marijuana dispensary opened last week and a dispensary in Tucson opened this week. Meanwhile, the state Department of Health Services, which oversees the medical-marijuana program, on Wednesday licensed a third dispensary in Cochise County.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: azcentral.com
Author: Yvonne Wingett Sanchez
Montgomery's remarks came Thursday, almost immediately after Superior Court Judge Michael Gordon refused to grant the county attorney's request to stay or suspend the medical-marijuana ruling. In the meantime, Montgomery said his office "will take the necessary steps to comply with" the judge's order.
Last week, Gordon ruled federal drug laws do not pre-empt the Arizona Medical Marijuana Act and that public officials must implement the law as voters intended. Gordon also ruled Maricopa County officials must provide zoning documentation for a potential medical-marijuana dispensary in Sun City. The ruling essentially paved the way for dispensaries to open without fear of prosecution by law enforcement.
Gordon on Thursday said he would give Montgomery's office more time to comply with his order pertaining to zoning documents involving the Sun City dispensary.
During a 45-minute hearing, Montgomery continued to argue that county officials would violate federal law since marijuana is illegal under the Controlled Substances Act. Montgomery said Gordon's ruling puts him in a "very precarious" position.
"As the chief law-enforcement officer for Maricopa County, I have to provide guidance to law-enforcement agencies throughout the county," Montgomery told Gordon. "If we're forced to act at this point in time without having a final ruling, my ability to give advice to those law-enforcement agencies is negatively impacted."
Montgomery also told Gordon that if he were to act on the ruling, "I'm going to be violating part of my oath in giving advice to Maricopa County to pursue a course of conduct that I know is going to lead to activity in violation of federal law."
Attorneys for the White Mountain Health Center argued that other public officials across the state have performed administrative acts tied to the medical-marijuana law and have not been prosecuted. Attorney Jeffrey Kaufman argued that White Mountain Health Center is being harmed by the county's reluctance to say whether county zoning is even appropriate for the center to open a dispensary.
The state's first medical-marijuana dispensary opened last week and a dispensary in Tucson opened this week. Meanwhile, the state Department of Health Services, which oversees the medical-marijuana program, on Wednesday licensed a third dispensary in Cochise County.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: azcentral.com
Author: Yvonne Wingett Sanchez
