Marijuana and Cannabis News
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| Photo: News Real Blog |
| Arizona Governor Jan Brewer will not defend her state's medical marijuana law, approved by the voters last November. Instead this asswig is asking the feds for instructions on how to run her own state. Nice "leadership" there, Jan. |
Redundant Lawsuit Supposedly Aims To Establish Federal Legality
In a press conference Tuesday afternoon, Gov. Jan Brewer and Attorney General Tom Horne announced that they are filing a lawsuit in federal court to challenge the medical marijuana program established in Arizona by the passage of Proposition 203 last November.
Even though the law was passed by a majority of Arizona voters, the governor and attorney general will not defend the law and instead asked the courts to decide if it is illegal under federal law.
"We are deeply frustrated by this announcement," said Rob Kampia, executive director of the Marijuana Policy Project. "The law Governor Brewer wants enjoined established an extremely well thought-out and conservative medical marijuana system."
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| Photo: MPP |
| Rob Kampia, MPP: "She has done a disservice to her state and its citizens" |
"The law was drafted so that a very limited number of non-profit dispensaries would serve the needs of patients who would be registered with the state," Kampia said. "Governor Brewer is trying to disrupt this orderly system and replace it with relative chaos.
"Patients would not purchase their medicine at state-regulated dispensaries," Kampia pointed out. "Instead, they or their caregivers would grow marijuana in homes across the state. Some will even be forced to find their medicine on the streets.
"We cannot think of a single individual -- aside from possibly illegal drug dealers -- who would benefit from Governor Brewer's actions today," Kampia said. "She has done a disservice to her state and its citizens."
Despite the effort and resources already devoted to implementing the program, Gov. Brewer ordered state health officials not to certify any more patients until the legality of the program is established in court.
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| Photo: MPP |
| Karen O'Keefe, MPP: "Like the previous attempt, we expect her suit to fail" |
"Gov. Brewer's lawsuit is not the first time elected officials have sought to spend taxpayer money to try to overturn a state medical marijuana law," said Karen O'Keefe, director of state policies at the Marijuana Policy Project and the co-drafter of Proposition 203.
"Like the previous attempt, we expect her suit to fail," O'Keefe said. "In 2005, San Diego County sought to enjoin most provisions of California's medical marijuana law, including a provision requiring counties to issue ID cards to patients and providers. It proceeded despite a poll finding that 78 percent of voters thought the lawsuit would be a waste of money. Ultimately, every court ruled against the county or refused to hear the case, all the way up to the U.S. Supreme Court.
"Similarly, the only decision on whether the licensing of dispensaries would be federally preempted has also found it would not be," O'Keefe said.
"It looks like Jan Brewer is having a contest with San Diego County to see who can waste the most taxpayer money on a futile attempt to overturn the will of voters."
Brewer used a similar cop-out to the one recently employed by Washington Governor Christine Gregoire, claiming that she "fears people could wind up in legal trouble" if Arizona's medical marijuana law is implemented.
Brewer cited a letter from Dennis Burke, the U.S. Attorney for Arizona, which she said appeared to be a warning that anyone involved -- from patients and dispensary operators to landlords and even state health officials -- could wind up being arrested and prosecuted by his office.
"And I, as governor, am not willing to put those people at risk," she said.
About 4,000 Arizonans are already certified under state law to be able to buy and possess up to 2.5 ounces of marijuana every two weeks.
The Arizona Department of Health Services put up this notice on its website, reports Ray Stern at Phoenix New Times:
We understand that the Governor and the Attorney General are preparing to file a declaratory judgment in federal court regarding the implementation of the Arizona Medical Marijuana Act. When further information is available, ADHS will update you. Until then, the Department will continue to issue Qualifying Patient and Designated Caregiver Registry Cards on our website.
An injunction could mean a delay to the state's planned issuing of marijuana dispensary next month, reports Howard Fischer at the Arizona Daily Star.
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81 comments
I was thinking about moving to Arizona to get out of the horrible smell from the growing of home grown operations in Oregon...now I have reservations of moving ot Arizona...thinking of a skunk smell free environment...I personally like to enjoy my back yard without feeling like I live on a farm and my Dad just killed a skunk every afternoon...enough is enough you tie died dopers!
Poetic justice for the MMP?
I do not support what Jan Brewer is doing, by any means. However, I also no longer support the Marijuana Policy Project. Serves them right for designing an initiative that was putting politics and money first, before patients.
"The law was drafted so that a very limited number of non-profit dispensaries would serve the needs of patients who would be registered with the state," Kampia said. "Governor Brewer is trying to disrupt this orderly system and replace it with relative chaos.
I like his choice of throwing "non-profit" in there. Believe me, this law was drafted very much with PROFIT in mind. Patients who live within 25 miles of a dispensary can not grow their medicine? Forced to pay a very limited number of dispensaries, who by design, will have very high overhead? For what reason other than to secure profits? Other than it being better than what we had, there is NO reason to support this law. It is moving the cause in the WRONG direction.
I wonder if this article has it backwards considering this is what Jan Brewer has on her facebook page.
Last year, voters approved a medical marijuana program. The US Attorney recently issued a letter stating it would "vigorously prosecute individuals" involved in the program. I won’t stand aside while state employees implementing the program and Arizonans acting in good faith are unwittingly put at risk of federal prosecution. So, the state is filing a suit in federal court asking if the program violates federal law.
If you really want to believe what Jan Brewer says about this, by all means -- be my guest!
“I believe in the will of the people...” Brewer
Except when they voted for something she doesn't like. Then Governor Brewer says- To hell with the voters. Brewer is exercising her own peculiar brand of fascism. She is acting like a psychotic and dangerous predator. Perhaps it's time to have her locked up for treason or at least for mental illness?
This probably has more to do with political jockeying for the Feds to draw a line in the sand on how they deal with States rights, so AZ can have ammo for the 1070 push. Irregardless the dispensaries were by design of 203 unethically crafted to be monopolies controlled exclusively by the elite wealthy. The Arizona middle class that desperately need a chance to participate in practically the only thriving market sector in our abysmal economy were on the verge of being laid under the tracks of the dispensaries unethical monopolies!
I sincerely hope that not one dispensary ever opens in Arizona under the present law! I wisely wish that patients are free to grow their own medicine (to the tune of 12 plants per patient) and if they are unable to produce it themselves, can find caregivers that will provide them with it for free. Halting the 50 mile wide rings of suffering and greed created by the dispensaries is a Godsend! I doubt Jan knows what she is doing, because I don't believe she would ever do the right thing for the right reasons! She lied and spewed disinformation, propaganda, and failed drug war rhetoric to try and defeat our MMJ law before the vote, so her intentions are crystal clear!
§ 36-2818. Enforcement of this act; mandamusC. If at any time after the one hundred forty days following the effective date of this chapter the department is not accepting applications or has not promulgated rules allowing qualifying patients to submit applications, a notarized statement by a qualifying patient containing the information required in an application pursuant to section 36-2804.02, subsection A, paragraph 3, together with a written certification issued by a physician within the ninety days immediately preceding the notarized statement, shall be deemed a valid registry identification card.
Patients and Caregivers who have already received their ADHS ID Card will continue to be permitted by law to possess and cultivate their medicine. If ADHS stops issuing cards, Patients who do not have their ADHS Patient ID Card, but do have a written recommendation from their doctor and a filled out and notarized ADHS application form, will also be permitted by law to possess and cultivate their medicine!
Our law also excludes patients and caregivers with growing privileges from being able to sell any excess meds to a dispensary! The ONLY motive for this is to protect the monopolies of the dispensaries! This law was crafted so only very wealthy individuals (most from out of state) could come in here and make money!
excellent point most of which is true. no doubt humble and friends set it off from the begenning, that this program is for the elite. i wont go into details because this will come out in law suits that have already been file with state over this very issue. i feel this was a stunt in part to avoid that lawsuit. Gov brewer is not only a facist but a child playing games in a grown up world. i hope she gets what she wants, not that she deserves it but to keep her out of our affairs. play your little games with you and your crohnies and let the good people of arizona implement their voter approved mmj program. lets not allow these people to rob the voters not one more time. folks stick together. say and do what we need to do in order to get the message out. that we are not pleased with her behavior peace.
to hell with you and your lackies Gov. shame on you. dealing away voter rights to soot your own personnal and political agenda, as patients in arizona struggle and fought for their right to legal medication you throw them under the bus.
this is AWESOME! Gov. Brewer is trying to simultaneously state that federal law tops state law regarding MMJ; but state law tops federal law when it comes to immigration?
can't really argue both sides.
This governor is an absolute joke. I believe she got her education at an Arizona Hairdresser school for idiots. She tries very hard to embarrass we who live in this politically lost state.
I support her, we need to keep harmful drugs out of our children's hands. I support my tax dollars going into keeping drugs away from the children!
Herb, you are also allowed to vote. The voters approved this bill, and your point is MOOT. When your local citizens agree by a MAJORITY that an activity, substance, or service holds therapeutic and medicinal value by VOTING on it, the local leader(s) are obliged to support their citizens' decision.
Were we able to get laws changed after-the-fact legally, pesky things like illegal search and seizure, the right for women to vote, or African Americans to (GHASP!) share a water fountain with "whites" would have never survived.
The system is one of checks and balances, but it is also clearly-drawn. A law voted on is a L A W, unless it is done so using deceit or threatening measures.
Nobody is being threatened by a chemo patient getting a bag of joints so he/she can have an appetite to eat solid food and SURVIVE without a cocktail of 3 anti-nausea meds.
GET A CLUE, and if you don't like the law voted on by your neighbors, go out and vote again.
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Get a clue. Legalization of drugs is a far superior system than the current one at keeping drugs out of the hands of kids. Drug dealers don't care who they sell to, as long as they're making that sale. By legalizing drugs and making their sources state or federally run, kids would have to go through older people to get their hands on product, just like alcohol and tobacco now. No system is going to completely eradicate underage substance use, but prohibition is the only system that makes it easier for youth to get their hands on drugs.
This is going to be long... sorryA declaratory judgment is a judgment of a court in a civil case which declares the rights, duties, or obligations of one or more parties in a dispute. A declaratory judgment is legally binding, but it does not order any action by a party. In this way the declaratory judgment is like an action to quiet title, a paternity petition, or any other form of preventive adjudication.[1] The declaratory judgment is generally distinguished from an advisory opinion because the latter does not resolve an actual case or controversy. A court may issue a declaratory judgment by itself or along with some other relief (such as an award of damages or an injunction). A declaratory judgment is sometimes called a declaratory ruling, a term which also includes decisions of regulatory agencies. An advisory opinion is an opinion issued by a court that does not have the effect of adjudicating a specific legal case, but merely advises on the constitutionality or interpretation of a law. Some countries have procedures by which the executive or legislative branches may certify important questions to the judiciary and obtain an advisory opinion. In other countries or specific jurisdictions, courts may be prohibited from issuing advisory opinions.
Brewer is directing Horne to challenge the legality of Voter Apporved Prop 203. And have him file a declatory judgement to see if the law is legal under Federal Law? And If state workers could be procecuted under the state law. I don’t understand why she isn’t writing another formal letter to the United States Attorneys office asking for guidance, or clariflication. And not if the law is legal under Federal Law- We The People know that the Goverment is do the will of the voters. Instead she has choosen to go agaisnt the will of the people, and challege a voter enatcted law with a declatory judgement. When Really, she should be sending another formal letter, or even filing for an advisory opinion. I think they think they can hide behind the declatory judgement. If and when they rule against Arizona it will show that the governor and attorney general did not follow the will, and defend Arizona’s law the most effective way. Seriously… send another fomal letter, or an advisory opinion!!!! We have 16 states plus Washington DC that have medical marijuana laws. Just yesterday 3 bills were introduced into congress to help protect medical marijuana patients, providers, and help develop more control to allow such use. They can’t hide behind their declatory judgment, when there are other ways to get answers. This will show they are going against the will of the Arizona voter.
just look at this snarky ugly old lady bitch, if anyones gonna be mad at pot smokers it's this old mad at everything that makes people happy vagina.
I don't understand who the suit would represent. Her own interests? The federal governments? Screw the will of the people when you can push your own agenda.
Waste of taxpayer money and time. I wonder if this suit is being filed because Arizona has a huge prison population and those who work for them don't want medical marijuana to be available. The Drug War is a CRIME!!!
time to bombard #JanBrewer and her office with letters/emails/phonecalls about this utter bullshit lawsuit
They want a "hands off" federal government, until the state's own people vote to pass something that made it on the bill... then it's whine whine whine to daddy. Yea, that makes lots of sense.
Elections are for resolving problems like this. Just make sure she doesn't get re-elected. Make sure the issue is brought up during the election, so she and her successor understand that balking the will of the people will get you thrown out of office. The next governor should be more compliant with the will of the people. If not, repeat the above steps.
This is frustrating. I'm not even in a MM state and I know that, if, we ever get an opportunity to have MM that, the state will try to override the vote. I live everyday with the threat of seizure of my home because, the local sheriff knows I smoke. I don't sell. I don't grow but, they have been trying to get my house for 10 years and no sign of letting up. I am not a criminal and I don't deserve to be terrorized when I have a Constitution that is supposed to protect my freedom.
suggestion. set them up. run up your electric bill, get lots of people over etc. keep the weed out of the house. when they raid you for nothing sue their pants off. LE aint that smart
Jan Brewers is joined at the hip with CCA and the for profit prison industry. They have no intention of loosing any of their "costumer base" by making something they have worked very hard to keep illegal legal. She is a cynical bitch if ever there was one.
I thought Ms. Brewer was a States rights person, and was even joining the lawsuit against Obama Care. Why does any elected official in the USA think the govt has the right to DICTATE personal choice? Have they even read, The Constitution, and do they even care? How many jobs could she have created with the money it is going to take to go against the voters in her State?
For help with drug addiction and the latest news on drugs in America go to http://narcononmichigan.org.
Narconon is a scandal-ridden outfit that employs Scientology mumbo-jumbo and patient abuse. Also, of course, marijuana is NOT addictive.
people make the laws... those people obviously want the laws to be open to marijuana... this governor and attorney are against the people they are supposed to serve!
of course everybody is selfish and doesn't care what the price is that any other has to pay...like what about my freedom to breath fresh air....Doesn't the same Constitution that you all speak about cover me too? I believe that it states we are free people as long as it does not hurt our neighbor.
Where is the money coming to fight the will of the people?Isn’t that a crime just by itself? Maybe we need to pass more legislation that prevents this kind ofbehavior from our elected officials??? I really thought the Voter ProtectionAct was enough. I guess since they don’t want to follow the law they’re askingthe Feds to gut our law because legally they can’t. The main issue and excuseis that she wants to know if state employees are at risk, but no state employeein the United States has ever been prosecuted for doing their duties under astate medical marijuana program. Brewerand Horne are trying to ask about the legality of the law. Which is bogus… And David… she has to go along with the law.From the beginning Brewer was against this. All she’s done is give the appearance of being in support of a voterapproved law.
The Tenth Amendment reads, in its entirety: The powers notdelegated to the United States by the Constitution, nor prohibited by it to theStates, are reserved to the States respectively, or to the people.
This could set a bad precedence for the entire country if she actually succeeds. Just think everything that has been voted on in the past could be over written by politicians lawsuits. Just imagine we elect a president and the other guy sues and a judge gives him the job.
With all the budget problems, the state goes and doessomething to block, and try to invalidate a Voter Approved Law…. The Feds neversaid they would go after any state official for doing their job. Just everyoneelse…
Brewer and Horne are trying to stop the entire program. Theyshould be requesting clarification whether or not state employees would beprosecuted under a voter approved law, and not if the entire law is illegal.
THIS NEXT SECTION isfrom the governors letter dated 5-24-2011
For these reasons andothers, a declaratory judgment action regarding medical marijuana in Arizona isnecessary to determine whether AMMA violates federal law and, therefore, is void.
They don’t want to issuedispensary licenses, but they’ll keep issuing patient certifications??? Thatjust shows how stupid these politicians are. Oh we can’t issue a dispensarylicenses because our state employees could get arrested, but we’ll keepapproving patient certifications??????? The excuse is… Brewer fears that stateemployees could be prosecuted for following state law, but she’s trying to getthe entire law thrown out. WRONG!!
Relating to the Letter from U.S. Attorney Dennis Burke… She has also said "Thatletter muddied the waters," Brewer said at a news conference. "Iintend to get answers because people's lives and careers are at stake." Isay the same thing about HB2541 and HB2585.
The Federal Governmentalready ruled against Arizona for not following a voter approved law, it wasthe Supreme Court, and it used prop 105-Voter Protection Act to render it’sdecision.
And to this date no state employee has been charged andprosecuted for doing his or her duties under a state/ voter approved MM law.
And there already is precedence for states that don’twant to comply with Medical Marijuana Laws- San Diego County 2005- you canGoogle it.
RECALL JAN BREWER!!!!!!!!! SHE IS NOT REPRESENTING OUR STATE. IN THIS TIME OF ECONOMIC CRISIS SHE PLANS ON SPENDING GREAT AMOUNT OF TAXPAYERS MONEY ON A USELESS CAUSE. WHO DO THINK YOU ARE JAN BREWER? YOU AN ELECTED OFFICIAL. YOU WERE ELECTED BY THE CITIZENS OF THIS, WE CAN DAMN SURE THROW YOUR BUTT OUT OF YOUR PLUSH OFFICE!!!!!!! RECALL JAN BREWER FOR NOT DOING HER ELECTED DUTY TO THIS STATE AND IT'S CITIZENS!!!!!!!!!
People in pain aren't that much interested about marijuana or else, they just want pain to stop.
Your vote doesn't count in Syria, Iran, Egypt ect. How can one person defy the will of the people. Oh yea she was opposed to the proposition. Arizona has no money for a number of programs organ transplant for one. Governor Brewer seems to have plenty of money to bring a law suit against prop 203, The Legacy of fear plays well for the media. Sound familiar, it didn't work then. So why not railroad over half of arizona voters that are clueless. Last time the radical right dragged it out so long everyone forgot about it. I can see through the over acting and scare tactics, maybe I'm the only one? How dare she talk out of both sides of her mouth when she says I'de like to see the initiative stand for the voters. But I'm so scared of the Federal Government. What was that? Did I hear that correctly? A scary letter that says the Federal Government that will not seek prosecution against mmj patients and prosecute criminal elements that seek to profit. We bring suit against them for immigration and stand up to them, now the tail is tucked between the legs? come on people this can only feel good for those that opposed the law, and even they know this is a injustice. I pray that there'll will be an out cry to spend our resources more wisely.leave ego out and let common sense in, difficult thing to find in Arizona politics it seems. After all that seems to be at the core of immigration, resources. What is at the core of this issue?
ok I am confised and please be nice everyone I am an older widowed lady and very new to this. I am now a mmj card holder does this statement from the govenor say now we can have it? I just paid half of my monthly income to see the dr and get the card and buy my supplies so now what do I do with this stuff
I think you are fine as a patient this seems to be more about the dispensaries. If you signed up for cultivating you can grow your own and not have to pay the high prices of the dispensaries.
You can grow but,the dispensaries won't be licensed, imagine the people that have signed leases on properties,purchased equipment ect. They'll look for compensation to recover from the state. can you say law suits.
how many have put their income up to have a chance of a life of no pain, no pain it is a gain of having a life with a hope of having a chance of being happy and not totally miserable and useless. what's up with the last minute messing with the program, the state collecting plenty of money and still taking it till whatever happens plus money that taxes are used to head up this migraine of a injustice what happened to democracy I can honestly say this is the biggest waste of time and money for all let the law pass and see the money that will be made for the state plus insurance saving on medications they have to pay for that can be replaced with the med marij GIVE IT A CHANCE FOR GOODNESS SAKE
Norml has a great way to email the Governor see az chapter let your voice be heard, I did. I propose peaceful demonstration. We all can send out love and prayers that she will change her mind.
Smoke a little bit, and watch your kids play on a sunny day while you enjoy a soft breeze and some lemonade.
What will be our legacy,a bunch of "Specolies" Fast Times at Ridgemont High reference. Or those that effect a positive change as Gandi
