Pubdate: Wed, 21 Mar 2012
Source: Daily Courier (Prescott, AZ)
Copyright: 2012 Prescott Newspapers, Inc.
Contact: http://www.dcourier.com/Formlayout.asp?formcall=userform&form=1
Website: http://www.dcourier.com/
Details: http://www.mapinc.org/media/4036

FEDERAL, STATE LAWS KEEP BUTTING HEADS

News this week about scrutiny over Arizona's medical marijuana program
will leave us wringing our hands at the voting booth.

The federal government, in a Feb. 16 letter, told Gov. Jan Brewer it
would prosecute state workers for implementing the medical marijuana
program, according to the Associated Press, saying they "are not
immune from liability" under the federal Controlled Substances Act.

Voters approved the state program in 2010 to allow people with certain
debilitating medical conditions to use marijuana. Qualified patients
must register with the state and Arizona officials plan to set up and
regulate as many as 126 dispensaries.

However, Arizona is among 16 states in the country that have medical
marijuana laws, which conflict with federal law outlawing the
cultivation, sale or use of marijuana, the AP reported. Evidence of
the federal government's stance includes the dispensary raids and
crackdowns on landlords who lease property to dispensaries in
California, Washington and other states.

This past week we editorialized on the federal government's rejection
of voter ID bills in Texas and South Carolina. The big difference, we
were told, was that voters approved Arizona's requirements through an
initiative, rather than seeing the measure come out of the
Legislature.

That left us thinking Arizona voter ID rules, in effect since 2004
requiring identification to vote, would be exempt or above reproach.

Unfortunately, like the voter ID law, Arizona's voters approved the
medical marijuana program.

When sitting back and reflecting on this ongoing battle over
state-versus-federal power, one has to wonder if anyone fully
understands where the line is drawn. State elections officials should
be more diligent before initiatives go to the ballot, vetting
conflicts with federal law.

That will not happen anytime soon, if history is our guide. No bill or
initiative is immune to federal study or litigation - leaving validity
of the voters' voice in a proverbial purgatory. 
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MAP posted-by: Richard R Smith Jr.