Judge Dismisses Medical Marijuana Suit by Arizona 
function share_this(num) {
 tit=encodeURIComponent('Judge Dismisses Medical Marijuana Suit by Arizona ');
 site = new Array(5);
 return false;

Judge Dismisses Medical Marijuana Suit by Arizona 
Posted by CN Staff on January 04, 2012 at 19:49:40 PT
By The Associated Press 
Source: Associated Press
Arizona -- A federal judge Wednesday dismissed Arizona Gov. Jan Brewer's lawsuit asking for a ruling on whether the state can implement its medical marijuana law when the drug remains prohibited under federal law. U.S. District Judge Susan Bolton said the case isn't legally eligible for court consideration because the state hasn't established a genuine threat of prosecution of state employees for administering the law, as Brewer had claimed.
Bolton's order allows the lawsuit to be refiled in the next 30 days. But it said a new version can be filed only if it fixes the flaw identified by Bolton. Brewer's administration has not implemented part of the voter-approved 2010 law authorizing medical marijuana dispensaries but has issued thousands of qualified patient cards to individual marijuana users. Versions of those cards allow people to possess medical marijuana and to grow their own marijuana. The judge's order dismissing the suit granted motions filed by the federal government and supporters of the medical marijuana law. Brewer's suit didn't take a position on whether Arizona's law is legal, but Bolton said last month during a hearing that the lawsuit couldn't proceed without a position on that issue. Brewer then said she would file a new version of the suit to argue that the dispensary part of the state law is pre-empted by federal law. She asked for time to do that by mid-January. Bolton's ruling said the case was flawed anyway without the proven threat of prosecution. Brewer and her lawyers will review the ruling and consider options that include refiling the lawsuit or dropping the case, spokesman Matthew Benson said. "What this federal court is essentially saying is that it won't hear the state's lawsuit until a state employee is either prosecuted or faces imminent prosecution for their part in administering (the medical marijuana law) and that is a untenable position for state employees just doing their jobs," Benson said. Brewer had opposed the medical marijuana law when it was before voters as a 2010 initiative measure.Source: Associated Press (Wire)Published: Wednesday, January 4, 2012Copyright: 2012 The Associated PressCannabisNews Medical Marijuana Archives 
Home Comment Email Register Recent Comments Help 

Comment #2 posted by Hope on January 06, 2012 at 17:52:47 PT
I think Ron Paul and Gary Johnson
must be lying, under a wrong understanding, or they know something no one else knows. I don't see how they can promise they will legalize marijuana if they are elected. How would they do it? I don't think they can.But if they can't, why are they saying they would?It needs to be legalized on the federal level, no doubt. I don't know who would have the power to do it, other than congress. Then the states would feel more empowered, but the laws would still have to be changed state by state.
[ Post Comment ]

Comment #1 posted by RevRayGreen on January 05, 2012 at 15:27:09 PT
reefer sadness with useless propaghand­a....
Ron Paul will be the only one to end the war on marijuana and set the non-violen­t ganja prioners free forever...­.Newt,Rick­,Shelly, Ricky, Mitt are reefer sadness with useless propaghand­a....''''''Vote­4=ChiaRev=­ travisand­tim or  huskerhaw­keye #chiarev 
(Chia Central Station New Years 2012)
http://you­­Bp4qIDUSend your vote for Chia Rev via twitter to  huskerhaw­keye  rosspeter­son_ #chiarev or call bewtween 6-8 am m-f 'TnT in the Morning' 1460 AM 515 - 284 - 5966
[ Post Comment ]

Post Comment