Jacob Bell
New Member
Despite Colorado's precedent, Arizona Governor Jan Brewer wants to know if state employees may be exposed to prosecution for drug offenses by working to license medical marijuana.
Until she finds out, Arizona's medical marijuana program is on hold. Meanwhile untaxed, unregulated collectives are being formed.
This has evoked a response from US Attorney Scott Risner who filed a motion asking the federal judge to dismiss the case saying, "Their complaint presents no actual controversy, instead asking this Court for an advisory opinion as to a hypothetical dispute in which Plaintiffs [State of Arizona] themselves pick no side but rather resort to a purported disagreement among various fictional Defendants [State Employees]."
Yet, Brewer and the state of Arizona still seeks an opinion from a lawsuit in federal court as to the risk state employees face of being charged with drug related offenses. Risner says the question has no factual basis and is mere speculation.
Arizona has accepted applications from hopeful entrepreneurs all over the state, who now must wait for a decision or continue as planned without the protections of state licensing.
What should Arizona and states where medical marijuana is being licensed and regulated take from Risner's move?
Most immediately, it reinforces the feeling that letters written by US Attorneys and recent Justice Department memos are not indeed threatening to prosecute state employees who license those who sell marijuana, but rather are a polite political reminder that the Controlled Substances Act (CSA) still forbids the distribution of marijuana.
New Jersey Governor Christie also responded to the Justice Department memos, but recently reversed his decision to halt New Jersey's medical marijuana program. The state is now working to provide a licensed and regulated system.
It would be difficult for an attorney charged with upholding the law as it is written to deny the CSA and simply disregard its requirements, yet with Colorado as an example, there is no suggestion that the federal government will go after employees who are licensing marijuana businesses.
The bad news is that unless the federal judge agrees with Risner's motion, Arizona's medical marijuana program will remain on hold, leaving patients and providers in even worse of a legal grey area without clear guidelines for operating a collective or medical marijuana center and no opportunity to collect tax revenue.
Federal intervention has raised doubts all over the country as to the viability of medical marijuana programs while the substance remains illegal under federal law, and yet Colorado has pushed forward with regulation which the medical marijuana industry hopes will keep the federal government on the sidelines.
News Hawk- Jacob Ebel 420 MAGAZINE
Source: examiner.com
Author: Christopher Meyer
Contact: Contact Us
Copyright: Clarity Digital Group LLC
Website: Medical Marijuana; No imminent risk for Colorado licensing employees
Until she finds out, Arizona's medical marijuana program is on hold. Meanwhile untaxed, unregulated collectives are being formed.
This has evoked a response from US Attorney Scott Risner who filed a motion asking the federal judge to dismiss the case saying, "Their complaint presents no actual controversy, instead asking this Court for an advisory opinion as to a hypothetical dispute in which Plaintiffs [State of Arizona] themselves pick no side but rather resort to a purported disagreement among various fictional Defendants [State Employees]."
Yet, Brewer and the state of Arizona still seeks an opinion from a lawsuit in federal court as to the risk state employees face of being charged with drug related offenses. Risner says the question has no factual basis and is mere speculation.
Arizona has accepted applications from hopeful entrepreneurs all over the state, who now must wait for a decision or continue as planned without the protections of state licensing.
What should Arizona and states where medical marijuana is being licensed and regulated take from Risner's move?
Most immediately, it reinforces the feeling that letters written by US Attorneys and recent Justice Department memos are not indeed threatening to prosecute state employees who license those who sell marijuana, but rather are a polite political reminder that the Controlled Substances Act (CSA) still forbids the distribution of marijuana.
New Jersey Governor Christie also responded to the Justice Department memos, but recently reversed his decision to halt New Jersey's medical marijuana program. The state is now working to provide a licensed and regulated system.
It would be difficult for an attorney charged with upholding the law as it is written to deny the CSA and simply disregard its requirements, yet with Colorado as an example, there is no suggestion that the federal government will go after employees who are licensing marijuana businesses.
The bad news is that unless the federal judge agrees with Risner's motion, Arizona's medical marijuana program will remain on hold, leaving patients and providers in even worse of a legal grey area without clear guidelines for operating a collective or medical marijuana center and no opportunity to collect tax revenue.
Federal intervention has raised doubts all over the country as to the viability of medical marijuana programs while the substance remains illegal under federal law, and yet Colorado has pushed forward with regulation which the medical marijuana industry hopes will keep the federal government on the sidelines.
News Hawk- Jacob Ebel 420 MAGAZINE
Source: examiner.com
Author: Christopher Meyer
Contact: Contact Us
Copyright: Clarity Digital Group LLC
Website: Medical Marijuana; No imminent risk for Colorado licensing employees
