Pubdate: Thu, 14 Jul 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

COUNTY ATTORNEY JOINING STATE'S MEDICAL-POT CASE

Maricopa County Attorney Bill Montgomery will join in on the state's
request for a declaratory judgment on medical marijuana.

The county Board of Supervisors voted 4-0 Thursday morning to
authorize Montgomery to file a motion to join the case, which seeks
clarification on Arizona's medical-marijuana law and its implications
on state and local employees.

Supervisor Mary Rose Wilcox was not present at the
meeting.

Montgomery advised the supervisors in a private meeting Thursday
morning, urging them to take action to express the county's position
against medical pot. Montgomery said he is concerned about potential
federal backlash on county employees in implementing the state's
medical-marijuana act, which voters approved last November.

In May, Montgomery advised the supervisors not to approve
medical-marijuana dispensaries while the state's declaratory judgment
action was pending.

Arizona Attorney General Tom Horne filed the suit in May, asking a
federal judge to weigh in on the legality of Arizona's Medical
Marijuana Act and whether those who manufacture or distribute pot
under the law are subject to federal prosecution.

On May 2, U.S. Attorney Dennis Burke had warned Arizona Department of
Health Services Director Will Humble that the state's new
medical-marijuana law conflicted with the federal Controlled
Substances Act and that "growing, distributing and possessing
marijuana, in any capacity, other than as a federally authorized
research program is a violation of federal law." 
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