Pubdate: Thu, 21 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: E.J. Montini, Columnist, The Arizona Republic POLITICIANS BLOW SMOKE ON MEDICAL MARIJUANA Mention medical marijuana and all the tough talk about states' rights goes up in smoke. At least when it comes to Gov. Jan Brewer, Attorney General Tom Horne and some of the other politicians who claim to champion the authority of individual states. Earlier this year, Brewer railed against "an overreaching federal government" for challenging Arizona's immigration measures and added, "Never during our nearly 100 years of statehood has federal interference in ... Arizona affairs ... been more blatant than in 2010." When the federal government took Arizona to court over SB1070 Brewer was defiant, establishing a defense fund that drew millions of dollars. So, when Arizona voters passed a proposition authorizing the sale, distribution and use of medical marijuana (also challenging federal authority) you'd expect the governor and attorney general to aggressively fight any attempt by the feds to inhibit implementation of that law, right? Uh... wrong. Instead of standing firm, Brewer, Horne and, most recently, Maricopa County Attorney Bill Montgomery are kowtowing to veiled threats that they have no reason to believe will be carried out. Several U.S. Attorneys, including Dennis Burke in Phoenix, have sent out ominous-sounding memos warning that there is no "safe harbor" for those involved in the marijuana trade. In theory, that could include the government officials and bureaucrats who oversee the program. Except that Burke has let it be known he is not interested in hassling government workers. Still, rather than responding with defiance, Brewer essentially shut down the state program, saying, "I just cannot sit on the sidelines and allow the federal government to put my state employees at risk." What about states' rights? Arizona isn't the first or the second or even the tenth state to have passed a medical marijuana law. No government workers in any of those states have been prosecuted by the feds. In his memo on the subject Burke said, "Compliance with Arizona laws and regulations does not provide a safe harbor, nor immunity from federal prosecution." Brewer didn't condemn that statement as an act of "an overreaching federal government." Instead, Arizona is meekly asking a court to intervene. Does that mean states' rights are important only as long as you agree with the law? After all, Brewer, Horne and Montgomery oppose medical marijuana. Montgomery told me, "There has been enough governmental action over the years to allow cynicism like that to flourish... If a court says that we can do this I'm fine with this. If a court says that government employees involved in this have a degree of immunity I'm fine with that. But at the same time if a court says you can't do this then you can't do it. It doesn't matter if it was a voter approved initiative." Montgomery said that the court case is about legality, adding that a state "doesn't have a right to pass a law that violates the (federal) supremacy clause." Funny, that's essentially what the federal government says Arizona did when the legislature passed SB1070. And if no officials have been arrested in the other states with medical marijuana laws why should Arizona take the case to court? "Just because another state didn't have either the legal acumen or the political courage to do the right thing isn't going to keep me from wanting to make sure that I am doing what I need to do to protect county employees," Montgomery said. I believe that Brewer, Horne and Montgomery want to protect public employees. I just don't believe they need protecting. Not in this case. And if you tried to convince me that Brewer and company are more interested in safeguarding employees than in advancing a political agenda I might be tempted to ask: What have you been smoking? - --- MAP posted-by: Richard R Smith Jr.