Lawyer asks court to allow dispensary zoning in Sun City

PHOENIX - Prosecutors urged a judge Friday to declare that medical marijuana dispensaries and growing facilities are pre-empted by federal law.

Maricopa County Attorney Bill Montgomery said it's clear marijuana remains illegal under federal law. And he told Judge Michael Gordon marijuana is a Schedule 1 drug for which there is no legitimate medical use.

That means the state cannot do anything that ultimately results in issuing a license to someone to sell marijuana, Montgomery argued.

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PHOENIX -- Prosecutors urged a judge Friday to declare medical marijuana dispensaries and growing facilities preempted by federal law.

Maricopa County Attorney Bill Montgomery said it's clear that marijuana remains illegal under federal law. And he told Judge Michael Gordon Congress classifies marijuana as a Schedule 1 drug for which there is no legitimate medical use.

What that means, Montgomery argued, is the state cannot do anything that ultimately results in issuing a license to someone to sell marijuana.

If nothing else, he said the requirements of state laws and regulations put public employees in a position where they are taking official action to "aid and abet" others to violate federal law. And that, Montgomery said, makes them liable for prosecution.

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PHOENIX -- Prosecutors urged a judge Friday to declare medical marijuana dispensaries and growing facilities preempted by federal law.

Maricopa County Attorney Bill Montgomery said it's clear that marijuana remains illegal under federal law. And he told Judge Michael Gordon Congress classifies marijuana as a Schedule 1 drug for which there is no legitimate medical use.

What that means, Montgomery argued, is the state cannot do anything that ultimately results in issuing a license to someone to sell marijuana.

If nothing else, he said the requirements of state laws and regulations put public employees in a position where they are taking official action to "aid and abet' others to violate federal law. And that, Montgomery said, makes them liable for prosecution.

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The top lawyers for the state and county, strong opponents of Arizona's medical-marijuana law, will argue in court today that federal drug laws pre-empt the voter-approved law.

Attorneys arguing on behalf of White Mountain Health Center of Sun City, meanwhile, charge that state law does not require anyone to violate federal laws by issuing permits for medical-marijuana activities since the state has decriminalized those acts. In their lawsuit, they also allege that Maricopa County illegally rejected the center's registration certificate, which is among the state requirements to become a medical-marijuana dispensary applicant.

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This week, the nation observes Red Ribbon Week, a time for adults and young people alike to reflect on the dangers of drug, alcohol and tobacco abuse and to instill in all of us that "The Best Me Is Drug-Free."

In Prescott, students will tie red ribbons to the fence in front of Abia Judd Elementary School, and their principal, Rosemary Agneessens, will encourage them to participate in conversations with their parents about the importance of avoiding drugs. Taylor Hicks Elementary School Principal Brian Moore will talk to his students each morning about living their lives drug-free.

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A Federal Court Hears a Case That Could Lead to Marijuana Being Classified As Having Medical Value

The lawyers are at it again, shoving legal briefs and filings and arguments down each other's throats and generally trying to rip new assholes in each other for the benefit of all mankind.

This time, I am referring to a federal case brought by Americans for Safe Access, a medical-marijuana-advocacy group that has been fighting for more than 10 years to get cannabis removed from Schedule I under the Controlled Substances Act. The lawyers at ASA think the Drug Enforcement Administration made a mistake last year when it rejected a bid to reschedule cannabis.

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Patient: Seizure of Infused Oil Illegal

A woman is suing the state, claiming police violated Arizona's medical-marijuana laws when they seized a marijuana-infused oil during a raid of her home last spring.

Charise Voss Arfa, a medical-marijuana patient, claims police wrongfully considered the oil labeled "Soccer Moms Tincture" a narcotic instead of marijuana. A tincture is typically an alcoholic extract of plant or animal material or solution.

W. Michael Walz, the attorney representing Voss Arfa, said some law-enforcement officials consider mixing marijuana with any substance -- such as oil, brownie mix or dressing -- altering the marijuana into "cannabis."

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PRESCOTT - When officers with the multi-agency Partners Against Narcotics Trafficking (PANT) task force arrested four people in connection with selling pot-laced candy bars last month, it was the culmination of an investigation that began in April and led them to Phoenix and back to Prescott.

Christopher Lee Martin, 37, and Andrea Lyn Martin, 33, both of Prescott, were arrested along with Todd James, 40, and Christopher Goodrich, 39, both of Phoenix. They face various drug-related charges; Chris Martin, alleged to be the "chef" behind the chocolate "Zonka" bar production, and Goodrich, and James were also indicted on a count of operating a criminal syndicate.

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PAGE -- Page City Council paved the way for the city to receive its first medical marijuana dispensary Wednesday night.

Council voted 5-2 to uphold a conditional use permit approved Oct. 2 by the city's planning and zoning commission. The permit would allow The Kind Relief, Inc., to open a dispensary near Highway 98 and Coppermine Road in the city's southeastern corner.

The Kind Relief still needs approval from the Arizona Department of Health Services to open the dispensary, which is expected to serve the initial 27 license-holders of medical marijuana between Page and Fredonia.

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Now medical marijuana is legal in Arizona and some other states, there are lots of opportunities for job growth. However, because it's a developing industry there is a lot of learning and training that needs to take place. That's where the MedMen come in.

MedMen is a consulting and marketing group geared toward the medical marijuana industry. The group offers training courses for "bud tenders," people at the dispensaries who work with patients to determine their needs and will host its first training courses in Arizona this weekend.

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Chris Martin had an idea for a business in Arizona, where voters passed a law that legalizes medical-marijuana "edibles" under certain conditions.

Last year, the Zonka Bar was born, available in flavors including chocolate and sugar-free peanut butter and infused with marijuana extract. Like other edibles, it was perfect for a medical-marijuana patient who didn't want to smoke, and it's less harmful than a four-pack of wine coolers.

But Martin and his associates didn't follow the rules under the 2010 law, authorities say.

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In November, Voters in Three States Will Decide on the Legalization of Marijuana for Everyone

In a perfect world, you would be able to walk into a store and openly buy your medical cannabis at will, slapping down cash in exchange for goods and services the way God, our Founding Fathers and the voters intended.

But we live in Arizona, which by and large is pretty awesome, but sometimes sucks a little compared to other states, especially when our governor and attorney general get in the way of those voters I mentioned earlier. Well, it seems like we might soon have a perfect medical-marijuana world just a few states away, maybe even just a few hundred miles away.

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PHOENIX -- The American Civil Liberties Union is asking a judge to rebuff efforts by Attorney General Tom Horne to block state licensing of medical marijuana dispensaries.

In legal papers filed Thursday, attorneys for the group want Maricopa County Superior Court Judge Michael Gordon to rule that Arizona is constitutionally entitled to determine what it does and does not want to make a crime.

They acknowledged the federal Controlled Substances Act makes possession, sale and transportation of marijuana a felony. But they told Gordon that none of that criminalizes the activities of state and local employees in processing the paperwork for everything from licenses to zoning permits, the reason Horne and Maricopa County Attorney Bill Montgomery contend that part -- if not all -- of the state law is void.

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PHOENIX - The American Civil Liberties Union is asking a judge to rebuff efforts by Attorney General Tom Horne to block state licensing of medical marijuana dispensaries.

In legal papers filed Thursday, attorneys for the group want Maricopa County Superior Court Judge Michael Gordon to rule Arizona is constitutionally entitled to determine what it does and does not want to make a crime.

They acknowledged the federal Controlled Substances Act makes possession, sale and transportation of marijuana a felony. But they told Gordon none of that criminalizes the activities of state and local employees in processing the paperwork for everything from licenses to zoning permits, which Horne and Maricopa County Attorney Bill Montgomery contend is illegal.

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It would not surprise me if in the next six years-the term of a U.S. senator-the federal government were to tackle the issue of marijuana-law reform.

The feds have been bitch-slapping the populace over the issue for decades now, on both the medical side and the recreational, and it seems to me that America is getting tired of playing Larry to the federal government's Moe. And since incumbents have a huge advantage in U.S. Senate elections, either Richard Carmona or Jeff Flake might well have a chance to help get the feds out of the cannabis-control business, even if the issue isn't resolved within six years.

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The Arizona Medical Marijuana Act allows state-issued cardholders to possess up to 2.5 ounces of cannabis every two weeks. Patients in the Gila Valley have their driving privileges revoked, however, over what appears to either be an issue of semantics or of government officials simply ignoring a law passed by the residents of Arizona because they do not agree with it.

The AMMA protects patients from discrimination regarding housing and employment. When it comes to driving with the metabolite in a person's system, however, local law enforcement will not apply the same rules as it does in regard to prescription medication and will issue a citation for DUI-drug even if there is no impairment to the driver, thus breaking the spirit of the new law.

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In the dead of night, they came.

Strapped with threatening gear, locked and loaded for extreme prejudice, they swooped in SWAT-style on Wednesday, Sept. 12, after a month of planning to rid our city of yet another horrible scourge-to protect children, frail elderly ladies and nosy neighbors from ... pot.

They are officers on the Counter Narcotics Alliance, a drug-busting task force with officers from 14 Southern Arizona law-enforcement agencies. Their perceived scourge was a group of certification clinics and collectives operating under the name Shop 420. Officers crashed into five Shop 420 locations-four in Tucson, and one in Casa Grande-and took 14 pounds of meds, 10 hostages and a gun. The hostages were later released, after they were charged with money-laundering, conspiracy, planning to sell pot and possessing pot paraphernalia.

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State Seeks to Build Partnerships, Bring in Experts to Boost Efficiency

Arizona health officials will dip into a pot of money generated by medical-marijuana fees with the goal to improve the state's controversial new program.

The Arizona Department of Health Services will soon spend more than $1.2 million to weed out physicians who improperly recommend marijuana to patients, help train marijuana-dispensary staff, hire private accountants or auditors to examine dispensary financial statements, and hire private attorneys to assist the department with legal issues arising from the program.

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Regarding "`Bath salts' battle" ( Thursday):

One definition of insanity is doing the same thing over and over and expecting different results.

In 1914, Congress made heroin and cocaine illegal. That law didn't stop the use of heroin or cocaine, and any teenager can show you where to buy heroin or coke at the local high school.

In 1920, Congress made liquor illegal. That law didn't stop the use of liquor. Anybody in town could show you where the local speakeasy was if you wanted to buy a shot of booze.

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Let's look at where the presidential candidates stand on medical marijuana

With the late summer breezes cooling us south of 100 and this being an election year, it's time for you to adjust your blindfold and prepare to pin the tail on the animal of your choice. I usually prefer a donkey, but you can pick an elephant or a Teabilly fuckstick if you want.

Medical marijuana isn't going to be a key issue in this campaign, despite the sad musings of at least one blogger (Steph Sherer of The Huffington Post, who laughingly seems to think MMJ can swing the election). But Mr. Smith thinks it's worth turning the grow lights on our presidential contenders to examine where they stand on the topic. I doubt many voters will decide based solely on MMJ, but surely some will. So let's take a look:

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