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| Forums > IC Magazine > USA Cannabis Scene: State By State > Arizona > AZ Gov sues Feds for clarification on MMJ | ||
| AZ Gov sues Feds for clarification on MMJ | Thread Tools |
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Senior Member
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AZ Gov sues Feds for clarification on MMJ
This link is to a memo from Arizona Governor Jan Brewer's office saying that the State AG is going to file suit in Federal Court this week to see whether or not the state's mmj law, the AMMA, is 'legal' or not.
More ripples/waves from the Letter to AzDHS director Will Humble from Arizona's US Attorney Dennis Burke, saying that the Feds would 'vigorously enforce' the Controlled Substances Act concerning medical marijuana. I guess if the feds say no, our politicians will scrap the AMMA as an 'illegal' law. https://azgovernor.gov/dms/upload/PR_...ceSuitAMMA.pdf ------------------------------- State of Arizona Janice K. Brewer Office of the Governor Main Phone: 602-542-4331 Governor 1700 West Washington Street, Phoenix, AZ 85007 Facsimile: 602-542-7601 FOR IMMEDIATE RELEASE CONTACT: Tasya Peterson May 24, 2011 (602) 542-1361 tpeterson@az.gov Governor Brewer, Attorney General Horne Announce Suit Regarding Arizona Medical Marijuana Act Court Action Needed to Determine Whether AMMA Violates Federal Law PHOENIX – Governor Jan Brewer today announced that she has directed Arizona Attorney General Tom Horne to file suit by the end of the week seeking a declaratory judgment from a federal court regarding the legality of the Arizona Medical Marijuana Act (AMMA). “For the state employees charged with administering the medical marijuana program or the Arizonans who intend to participate as consumers, it’s important that we receive court guidance as to whether they are at risk for federal prosecution,” said Governor Brewer. “As explained in a recent letter from the U.S. Attorney for Arizona, the federal government considers marijuana a controlled substance. Arizonans deserve clarity on an issue with such dire legal implications.” The Arizona Department of Health Services had been diligently implementing voter-approved AMMA provisions until it received a letter, dated May 2, 2011, from U.S. Attorney Dennis Burke. Burke’s letter warned that marijuana remains a Schedule I Controlled Substance, meaning that “growing, distributing and possessing marijuana, in any capacity, other than as a federally authorized research program, is a violation of federal law regardless of state laws that purport to permit such activities.” Burke declared that his office would “vigorously prosecute individuals and organizations that participate in unlawful manufacturing, distribution and marketing activity involving marijuana, even if such activities are permitted under state law.” The U.S. Attorney’s letter raises significant questions about the legality of both the AMMA and related Arizona Administrative Code provisions. In particular, Governor Brewer is concerned for the vulnerability of state employees charged with administering the AMMA, including, but not limited to, the issuance of dispensary licenses and qualified-patient registration cards. If a federal prosecutor were to decide that such activities are contrary to federal law, state employees may be subject to federal prosecution. Medical marijuana also presents uncertainty for state law enforcement. The U.S. Attorney's letter calls into question the ability of the Arizona Department of Public Safety (DPS) to maintain federal grant monies, the department’s enforcement activities and federal task force actions, and the employment status of DPS employees who could be in violation of federal law while participating as consumers in the AMMA. For these reasons and others, a declaratory judgment action regarding medical marijuana in Arizona is necessary to determine whether AMMA violates federal law and, therefore, is void. “The State of Arizona has worked to follow the wishes of voters,” said Governor Brewer. “But I won’t stand aside while state employees and average Arizonans acting in good faith are unwittingly put at risk. In light of the explicit warnings on this issue offered by Arizona’s U.S. Attorney, as well as many other federal prosecutors, clarity and judicial direction are in order.” ###
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#2 |
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FACILITATOR
Join Date: Dec 2010
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Don't really kno what to say . I thought she had balls. Seems to me mmj would fit right in with what the are tryin to do on the border. Even though the feds are sueing.
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1 members found this post helpful. |
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#3 |
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La mota no mata, las balas sí
Join Date: Apr 2010
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over the years conservative politicians in Arizona have demonstrated they care little about federal law. they just don't want Cannabis in their state. never have. so this letter probably makes them quite happy. and it's excellent cover for them to stop the new law. this way they don't look like they're trying to thwart the will of the people. they get to blame the feds, something they love to do.
curious, did other MMJ states get the same letter? (- or is Az special?) what did these other states do in response? did they ignore it? fight it? |
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1 members found this post helpful. |
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#4 |
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Member
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This is pure political bullshit, a bitch with no balls and no brains. I've been waiting for weeks now for the dhs to fix their site so I can be added as a caregiver, and now this bs...
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#5 |
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Freedom Fighter
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San Diego and San Bernardino Counties already tried this...took it to the SCOTUS, and they refused to hear their argument--
Feds can still bust...but the State Elected Officials, must obey State Law--
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With Red-Eyed Respect--Jim My GH at the pad-- https://www.icmag.com/ic/showthread....=1#post4996785 |
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#6 | |
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But let's face it, We the Arizona people don't give a shit about what the fed gov wants, as folks have pointed out above. Neither does our governor, when it comes to good conservative stuff. But for marijuana, she has taken a way out that she hopes will get rid of MMJ without her being the bad guy to the voters. Here's the quote that tells the real story: Referring to herself and state Attorney General Tom Horne taking a neutral stance, not taking a position on the subject while it is in judicial review, she said, "We will not take a substantive position, either to thwart the will of the voters ... nor to try to impose our own policy views." That statement makes it clear that their 'policy views' are in conflict with the will of the voters.
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post 69
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3 Deputys under 'America's Toughest Sheriff' Joe Arpaio, busted for role in drug & human smuggling ring
https://www.nydailynews.com/news/nati...html?r=topnews Three Arizona cops smuggled drugs and humans and laundered money for a vast narco-trafficking ring, all under the nose of the self-proclaimed "America's toughest sheriff," authorities said. ![]() Gruff...gruff..gruff gruff !! One of the moles, a female corrections officer, was carrying the love child of a cartel capitán, and all three were accused of leaking sheriff's office tips to help the ring guide smugglers, drugs and cash through the area from Mexico, authorities said. Maricopa County Sheriff Joe Arpaio said Deputy Alfredo Navarette, 37, and two corrections officers, Sylvia Najera, 25, and Marcella Hernandez, 28, were among 12 people rounded up in Tuesday's sting. The early morning raids capped a year-long investigation into the ring, which is suspected of funneling loads of heroin into the Valley area west of Phoenix. ![]() mi no hable Englais Navarette, a 10-year veteran of Arpaio's anti-human smuggling unit, was arrested when he showed up for work, and a sweep of his apartment found two illegal immigrants hiding there. Arpaio said Hernandez was eight-months pregnant with the child of Francisco Arce-Torres, the operation's ringleader, who has ties to Mexico's notorious Sinaloa cartel. She and Najera were busted on their way to work at the county's largest jail, and cops said Hernandez had nearly $20,000 on her. The arrests were a blow to the tough-talking Sheriff Arpaio, who has been resisting calls to step down amid allegations of corruption, misspending and racial profiling in his office. "We have enough violence without having moles in my own organization that put my deputies in danger," Arpaio said. The smuggling ring moved $56,000 of heroin into the area each week, cops said, and each of the dirty cops played a crucial role in keeping the operation underground. Arce-Torres, the Phoenix-based ringleader, coordinated smugglers through the valley from his family's heroin operation in Mexico. The smack was stashed and cut at two drophouses run by Hernandez, the Arizona Republic reported. Investigators said Navarette fortified Acre-Torres' house with surveillance cameras, registered cars for the gang and harbored runners at his house. Meanwhile, Navarette and Najera, the other corrections officer, set up a shell company to launder dirty drug money, the paper said. All three are accused of using dozens of other tactics to help the ring dodge the law. Navarette, in particular, used his anti-trafficking expertise to doublecross his own department. "He repeatedly supplied details about the illegal-immigration crime-suppression operation to leaders of the drug-trafficking organization," Arpaio said. Navarette was booked on conspiracy, money laundering and human smuggling charges. His bail was set at $1 million. Hernandez was booked on similar charges and had bail set at $2 million, while Najera faced money-laundering and other charges. With News Wire Services
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#8 | |
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Excuse me Spliff, where are the G's at?
Join Date: Oct 2010
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Quote:
They even called it medical marijuana, do they even know the laws they claim to wish to enforce?
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Excerpt from the Controlled Substances Act When it comes to a drug that is currently listed in schedule I, if it is undisputed that such drug has no currently accepted medical use in treatment in the United States and a lack of accepted safety for use of the drug or other substance under medical supervision.." No accepted safety of use under medical supervision? How medically supervised are all the patients in all the medical states? Excerpt from US Govt Cannabinoid Patent 6,630,507 Cannabinoids have been found to have important properties...cannabinoids useful in the treatment... stroke and trauma, or in the treatment of neurodegenerative diseases, such as Alzheimer's disease, Parkinson's disease... If you believe in survival of the fittest as a way of life or doing business, you're a wild, uncivilized animal. |
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1 members found this post helpful. |
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#9 |
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Senior Member
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Well, Az AG Tom Horne has filed the lawsuit with the feds yesterday to get 'clarification' of whether or not the AMMA violates fed law. Which of course it does, so... I almost hope that hey shut down the whole registration process. Then a doctors rec and a filled out app from the state become your 'card.'
Maricopa County Attorney Bill Montgomery the other day also advised the county not to approve any dispensaries in Maricopa County. The voter's will means nothing to these people. Hopefully they'll feel it at the polls next election. Hey Madrus, yep, these three people in the MC Sheriff's office moved more drugs(heroin, meth) into Phoenix and caused more damage than all the 'pot shops'= dispensaries, the "medical" marijuana "patients"= patients, and the "legal dope dealers"= caregivers, combined.
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#10 |
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Let's Go - Two Smokes!
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I don't believe "suing the feds" is the right way to put it. As I understand it, it's more like suing the people of AZ. The governor is not filing suit in federal court in defense of the law voted in by the people of her state. She is filing suit to have the law overturned, contrary to the wishes of a majority of her constituents.
Bottom line: Instead of defending the people for whom she works agains the feds, this governor is selling those people out to the feds. As they say, with friends like that...
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