County
Attorney and Attorney General Seek Summary Judgment in Medical Marijuana
Lawsuit
PHOENIX, AZ (August 23, 2012) – Maricopa County Attorney Bill
Montgomery and Arizona Attorney General Tom Horne are each filing
separate motions for summary judgment in Superior Court today seeking to
resolve conflicting issues raised by the Arizona Medical Marijuana Act
(AMMA). Today’s filings are the latest response to a lawsuit filed by
White Mountain Health Center against Maricopa County and the Arizona
Department of Health Services (DHS) and ask the Court to determine
whether the AMMA is preempted by federal law prohibiting the possession,
distribution and cultivation of marijuana.
“It is the County’s position that the AMMA is in direct violation of the
federal Controlled Substances Act and therefore cannot be implemented
without exposing County employees to the risk of federal prosecution,”
Montgomery said. “The AMMA also runs afoul of the Supremacy Clause
enshrined in the U.S. Constitution by our Founding Fathers, which
preempts state law that conflicts with federal law,” he added.
Attorney General Tom Horne stated: “I was recently asked by 13 out of
the 15 County Attorneys in Arizona to issue an Opinion on whether the
AMMA is pre-empted by federal law. The two most recent cases, from
California and Oregon, clearly hold that states may not authorize what
federal law prohibits. These rulings stem from Article Six of the U.S.
Constitution, which, in case of conflict gives supremacy to federal law.
Therefore, state authorization for growing or selling marijuana is
prohibited under federal law and we are therefore asking the court to
dismiss the Plaintiff’s complaint.”
On June 20, 2012 White Mountain Health Center sued Maricopa County and
DHS after the County, on the advice of the County Attorney, declined to
issue the necessary zoning permits that would allow the Center to
operate a non-profit medical marijuana dispensary and cultivation site
in Sun City. The case is being heard by Judge Michael D. Gordon.
Medical
Marijuana MSJ.pdf
White
Mtn Cross MSJ.pdf
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