Pubdate: Fri, 27 May 2011 Source: Arizona Republic (Phoenix, AZ) Copyright: 2011 The Arizona Republic Contact: http://www.azcentral.com/arizonarepublic/opinions/sendaletter.html Website: http://www.azcentral.com/arizonarepublic/ Details: http://www.mapinc.org/media/24 Author: Michelle Ye Hee Lee, The Arizona Republic Referenced: Montgomery's opinion on medical marijuana act: http://www.azcentral.com/ic/pdf/0526montgomery-marijuana-opinion.pdf BILL MONTGOMERY TO BOARD: OPT OUT OF MEDICAL-POT PROGRAM Maricopa County Attorney Bill Montgomery on Thursday formally advised the Board of Supervisors to opt out of the state's medical-marijuana program "unless and until the potential criminal prosecution of county employees is resolved." He urged supervisors not to accept or process any more applications for medical-marijuana dispensaries or cultivation sites, or to issue any permits on county-controlled land pending the outcome of the state's lawsuit. The state plans to ask the federal government for an opinion on the legality of the Arizona Medical Marijuana Act today. Currently, there is one dispensary and one cultivating site application filed with the county. Local jurisdictions can impose "reasonable" zoning restrictions for dispensaries. The state was scheduled to begin accepting applications for dispensaries on June 1. As a part of their applications, prospective dispensary agents would need to submit a documentation of compliance with local zoning rules, signed by a city, town or county representative. County spokeswoman Cari Gerchick said the supervisors will heed Montgomery's opinion. Two weeks ago, Montgomery advised supervisors not to take part in the program, for fear of federal backlash. Although the U.S. Department of Justice in 2009 released a memo discouraging prosecution of medical-marijuana users, Montgomery said the same safeguards do not exist for dispensary agents or local government employees who implement the state's law. Montgomery said he met with Attorney General Tom Horne and Gov. Jan Brewer last week and shared the same opinion. Montgomery did not clarify whether he had a role in the state's decision to file a lawsuit, but he said he supports it. "If there had been no action by the governor and the attorney general, I most likely would have still proceeded with what I needed to do," Montgomery said. Rather than having one out of 15 counties opting out and creating a "checkerboard approach," the state's lawsuit sends a consistent message to the federal government that state and county officials are concerned their employees may be at risk of federal prosecution, Montgomery said. "The policy argument is done. Arizona voters wanted an Arizona medical-marijuana program. That's fine, but can we do that legally?" Montgomery said. Montgomery has publicly opposed medical marijuana and was one of the most outspoken local officials who joined the anti-Proposition 203 campaign last fall. - --- MAP posted-by: Richard R Smith Jr.