There they go again. Medical MJ is back in court.

[Lucille]

Arizona "small government conservatives" hate the Tenth.

In August, the state Health Department selected 97 dispensary owners to have the opportunity to sell marijuana and operate cultivation sites to grow if they complete certain steps.

That same day, Maricopa County Attorney Bill Montgomery said he would use the Sun City dispensary case as a vehicle to test the federal pre-emption argument. That dispensary is located in an unincorporated area and requires county-zoning approval before it can seek other permits from the state. Montgomery had advised county officials not to participate in the medical-marijuana program, saying employees could risk prosecution under federal drug laws.

Meanwhile, Horne issued a non-binding legal opinion, saying federal drug laws trump the state law when it comes to “cultivating, selling and dispensing” pot. Montgomery and Horne have cited recent crackdowns by federal prosecutors in other states to bolster their arguments.

Arizona Medical-Marijuana Law Debated in Court; Judge Criticizes Wording of 2010 Law
http://blogs.phoenixnewtimes.com/val...ijuana_law.php

Arizona Republic reporter and rapid-fire Tweeter Yvonne Wingett-Sanchez has been filing live updates from the courtroom this afternoon. The hearing's over, but you can still check out her posts if you're interested in this case. Click here to read her updates.

See also - Tom Horne and Bill Montgomery Make Their Move to Nix Arizona's Medical Marijuana Law


We just read through her tweets and saw that Maricopa County Superior Judge Michael Gordon has made at least two statements that don't bode well for medical-marijuana advocates:


"Ultimate irony is that Arizona could have decriminalized pot and said it's not going to be prosecuted under state law."

and

"Maybe the lesson to be learned is voters ought not have been so directed in telling the state how to enforce its statutes."

Those quotes from the judge, as relayed by Wingett-Sanchez, seem to indicate that Gordon doubts that the law, as it's written now, can handle the challenges presented by anti-marijuana state officials Tom Horne, the state Attorney General, and Bill Montgomery, Maricopa County Attorney.

The two Republicans don't like what voters have done, and they're bent on demolishing it.

Here come da judge:

Maricopa County Superior Judge Michael Gordon
Assignment History:
Department: Family Court
Year: 6/2008
Location: Phoenix
Department: Criminal
Year: 10/2005
Location: Phoenix

2005 - Present: Judge, Superior Court in Maricopa County

Oh well. Third time's not always the charm!

That little Nazi Bill Montgomery said it would have been more honest to legalize it outright. He's right! Let's do this.

[Origanalist]

From what I hear, Arizona is definetely not the place to get caught with the bud.