Pubdate: Wed, 23 May 2012
Source: East Valley Tribune (AZ)
Copyright: 2012 East Valley Tribune.
Contact: http://www.eastvalleytribune.com/opinion/submit_a_letter/
Website: http://www.eastvalleytribune.com
Details: http://www.mapinc.org/media/2708
Author: Carolyn Short
Note: Carolyn Short, retired lawyer and Chairman of Keep AZ Drug Free, the
organization that led the opposition to Prop 203.

SHORT: STATE THUMBS NOSE AT FEDERAL WARNING ON "MEDICAL" POT

Half of Arizona's voters (49.9 percent) voted against "medical"
marijuana, many suspecting it was just a scam to legalize pot. They've
since been proved right. But what most opponents don't know is that our
elected officials could and should stop this law today. Prop 203
authorizes violations of federal law, and states can't do that, not even
by voter initiative.

It's still a federal crime to grow, sell or possess marijuana, and
it's also a crime to help anyone doing those things. So state
employees who license patients or dispensaries to grow, sell or
possess marijuana are federal criminals. Landlords who rent to growers
or dispensaries are federal criminals. And those who lend money to
marijuana businesses are federal criminals.

Several U.S. Attorneys have written letters warning that state
employees, landlords, and financiers who help others violate the
federal Controlled Substances Act can be prosecuted. Possible
consequences include fines, jail time and forfeiture of property. When
Democratic governors in Washington and Delaware received this warning,
they shut down their dispensary programs immediately. As Washington
Governor Christine Gregoire said, "No state employee should be
required to violate federal criminal laws." She believed it would be
"irresponsible for her to leave her workers vulnerable." She's right.
Even if no one is prosecuting state employees now, nobody knows what a
future administration (or even this one) might do, and the statute of
limitations leaves state workers vulnerable for many years. If a
future administration decides to prosecute, the state can't pay the
fine or go to jail for the employee.

However, when Republican Governor Jan Brewer received the exact same
warning from Arizona's U.S. Attorney, she ignored the warning, kept
the letter secret from Attorney General Tom Horne, and continued with
her plan to license dispensaries. Why?

Arizona Attorney General Tom Horne filed a lawsuit in federal court
asking Judge Bolton to advise him whether federal law preempts Prop
203, but he didn't take a position for or against. Judge Bolton told
the AG's office to file an amended complaint taking a position, or she
would dismiss the lawsuit. If he had taken a position, the judge would
have overturned Prop 203, but Horne never filed an amended complaint.
Why not? Last May, Maricopa County Attorney Bill Montgomery advised
county employees not to issue licenses or permits under Prop 203,
because they'd be violating federal law. Montgomery urged Tom Horne to
issue a similar opinion to protect state employees, but Horne hasn't
acted. Why won't he? Governor Brewer, or our state legislative
leaders, Senate President Steve Pierce and House Speaker Andy Tobin,
could insist that Tom Horne issue that opinion. Why haven't they?

These actions would be prudent and reasonable, and would bring Prop
203 to a grinding halt, but our state leaders refuse to act. Voter
protection is no excuse because unconstitutional laws aren't voter
protected. For example, if Arizona's voters decided that women
couldn't vote, a federal court would strike it down even if 99 percent
of Arizonans voted in favor. So Horne, Brewer, Pierce and Tobin have
every right and reason to halt the entire program. Why won't they? Do
our Republican leaders dislike President Obama and the federal
government so much they're opposing them on this issue even when they
know the feds are right? That would be ironic because they're fighting
them over SB 1070, Arizona's attempt to enforce federal law. Now
they're fighting them over Prop 203, Arizona's attempt to violate
federal law. Elected officials should care equally about enforcing
federal drug laws and federal immigration laws. Instead, they appear
to despise illegal immigrants while embracing illegal drug users.
Perhaps our well-intentioned leaders are getting bad advice.

Arizona now has the most lax marijuana law in the nation. It's clearly
unconstitutional. The courts and the Obama administration have told
our Republican leaders exactly how and why to get rid of it. What's
stopping them? Carolyn Short, retired lawyer and Chairman of Keep AZ
Drug Free, the organization that led the opposition to Prop 203.

Carolyn Short, retired lawyer and Chairman of Keep AZ Drug Free, the
organization that led the opposition to Prop 203.
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MAP posted-by: Jo-D