Bill Montgomery, Maricopa County’s attorney, filed the request Friday with the state’s highest court after a lower court ruled that Arizona’s medical marijuana law was constitutional. A Maricopa County Superior Court judge ruled last month that federal drug laws don’t stand in the way of public officials implementing Arizona’s law.
The case started over a dispute, whether Maricopa County had to approve zoning for a dispensary in Sun City. White Mountain Health Center, the proposed dispensary, is the subject of the court fight. More than 30,000 people already have cards authorizing them to possess and use medical marijuana in Arizona. Maricopa County is asking the Arizona Supreme Court to decide if federal drug laws pre-empt Arizona’s medical marijuana laws. Source
SPOILER ALERT! The answer is, NO! It’s unconstitutional!
Maricopa County Superior Court Judge, Michael Gordon, ruled against Montgomery last month and ordered the county to provide the required zoning information. He was absolutely right in doing so! Judge Gordon has pointed out in the past to Montgomery and Attorney General Tom Horne the reasons for his stance. In previous rulings, Gordon has said, “that 18 states and the District of Columbia already have enacted laws permitting some form of legal marijuana use. I’m not about to declare Arizona’s own version invalid.” Also stating, “this court will not rule that Arizona, having sided with the ever-growing minority of states and having limited it to medical use, has violated public policy.”
Responding to Montgomery and Horne’s argument, Gordon also pointed out that, “a conviction under federal law for aiding requires proof the person assists or participates in committing the crime.” He said, “that’s not the case with public workers. Their specific intent is to perform their administrative tasks.”Details