Jacob Bell
New Member
PHOENIX - Gov. Jan Brewer decided Wednesday to ask a federal judge to overturn a key portion of the state's voter-approved medical marijuana law.
Press aide Matthew Benson said his boss is now taking the position that federal law preempts a provision in last year's initiative which requires the state to issue permits for about 125 dispensaries where medical marijuana users can legally purchase the drug. She wants U.S. District Court Judge Susan Bolton to rule that Arizona cannot process the applications from would-be dispensary owners.
The move comes two days after Bolton told attorneys for the state she would throw out Brewer's original lawsuit which simply asked the judge to decide if state employees can be prosecuted under the federal Controlled Substances Act for processing permits. Bolton said the state has to pick a side: Either federal law trumps last year's initiative, or the state can implement its law despite federal statutes.
Benson said Brewer has chosen the former position, even though that's contrary to what voters mandated.
"But she also she also has to look out for the well-being of her state employees," he continued. "No state employee should be put in a position where they could face federal prosecution simply for doing their jobs."
Brewer's move drew derision from Joe Yuhas, spokesman for the Arizona Medical Marijuana Association, the organization left over from last year's successful initiative drive.
"That's unfortunate," he said.
"I also think it's somewhat ironic that a state government that seems to continuously question federal preemption, whether it's health care or immigration, now runs behind that shield in an effort to thwart the will of the voters."
Brewer is one of several governors challenging the federal health care law. And she is taking the position at the U.S. Supreme Court that Arizona can have its own immigration laws despite claims by the Obama administration these are preempted by federal statutes.
But Benson said there is no contradiction.
"The governor has never claimed state law supersedes federal law," he said.
"The argument has always been federal government, do your job, enforce the law, enforce immigration law, enforce drug law," Benson said.
The voter-approved law allows those with a doctor's recommendation to get a state ID card allowing them to obtain and possess up to 2 1/2 ounces of marijuana every two weeks.
Brewer, who opposed Proposition 204, is not asking Bolton to invalidate that part of the law. So far the state has issued more than 16,000 such cards.
The initiative also directed the health department to license about 125 dispensaries where medical marijuana users could legally purchase the drug.
State Health Director Will Humble earlier this year wrote a letter to Dennis Burke, who at the time was the U.S. Attorney for Arizona, specifically asking whether his employees might face prosecution because they were facilitating the sale of marijuana. Burke did not directly answer that question but did say that, in general, he cannot offer immunity to anyone for violating federal drug laws.
Brewer responded by directing Humble to not even accept applications from those who want to operate one of the non-profit dispensaries the law envisions. And she had Attorney General Tom Horne to file suit, asking Bolton for clarification.
But Bolton on Monday said she cannot legally do that until the state decides which side it is on, leading to Wednesday's decision.
Source: Sun, The (Yuma, AZ)
Copyright: 2011 The Sun
Contact: Submit a letter to the editor : YumaSun
Website: Yuma, Arizona, News - Breaking News, Local News, Sports and Weather, YumaSun.com
Press aide Matthew Benson said his boss is now taking the position that federal law preempts a provision in last year's initiative which requires the state to issue permits for about 125 dispensaries where medical marijuana users can legally purchase the drug. She wants U.S. District Court Judge Susan Bolton to rule that Arizona cannot process the applications from would-be dispensary owners.
The move comes two days after Bolton told attorneys for the state she would throw out Brewer's original lawsuit which simply asked the judge to decide if state employees can be prosecuted under the federal Controlled Substances Act for processing permits. Bolton said the state has to pick a side: Either federal law trumps last year's initiative, or the state can implement its law despite federal statutes.
Benson said Brewer has chosen the former position, even though that's contrary to what voters mandated.
"But she also she also has to look out for the well-being of her state employees," he continued. "No state employee should be put in a position where they could face federal prosecution simply for doing their jobs."
Brewer's move drew derision from Joe Yuhas, spokesman for the Arizona Medical Marijuana Association, the organization left over from last year's successful initiative drive.
"That's unfortunate," he said.
"I also think it's somewhat ironic that a state government that seems to continuously question federal preemption, whether it's health care or immigration, now runs behind that shield in an effort to thwart the will of the voters."
Brewer is one of several governors challenging the federal health care law. And she is taking the position at the U.S. Supreme Court that Arizona can have its own immigration laws despite claims by the Obama administration these are preempted by federal statutes.
But Benson said there is no contradiction.
"The governor has never claimed state law supersedes federal law," he said.
"The argument has always been federal government, do your job, enforce the law, enforce immigration law, enforce drug law," Benson said.
The voter-approved law allows those with a doctor's recommendation to get a state ID card allowing them to obtain and possess up to 2 1/2 ounces of marijuana every two weeks.
Brewer, who opposed Proposition 204, is not asking Bolton to invalidate that part of the law. So far the state has issued more than 16,000 such cards.
The initiative also directed the health department to license about 125 dispensaries where medical marijuana users could legally purchase the drug.
State Health Director Will Humble earlier this year wrote a letter to Dennis Burke, who at the time was the U.S. Attorney for Arizona, specifically asking whether his employees might face prosecution because they were facilitating the sale of marijuana. Burke did not directly answer that question but did say that, in general, he cannot offer immunity to anyone for violating federal drug laws.
Brewer responded by directing Humble to not even accept applications from those who want to operate one of the non-profit dispensaries the law envisions. And she had Attorney General Tom Horne to file suit, asking Bolton for clarification.
But Bolton on Monday said she cannot legally do that until the state decides which side it is on, leading to Wednesday's decision.
Source: Sun, The (Yuma, AZ)
Copyright: 2011 The Sun
Contact: Submit a letter to the editor : YumaSun
Website: Yuma, Arizona, News - Breaking News, Local News, Sports and Weather, YumaSun.com
