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Arizona Lawmaker Continues To Fight Voter-Approved Medical Marijuana Law


arizona marijuanaArizona’s Twisted Logic On The Federal Government, Immigration and Marijuana

by Monterey Bud

Back when Arizona State Attorney General, Tom Horne ‘fired up’ president Barack Obama, and told him and his federal government to back off, and get out of Arizona State politics…in the hopes that they would stop “meddling” in “their” immigration problems. He had no idea how hard the same 10th amendment logic, could come back to bite him in the ass .

Now Arizona’s top blow-hard, has gone before a state judge, and informed him that any Arizona judges should be powerless based on the federal laws, to implement the Arizona medical marijuana program,  as such many of the key provisions in Arizona’s medical marijuana program should be voided, as a means of not conflicting with federal statutes.

The ultimate goal for the Arizona Atty. Gen. is to get a right wing Arizona judge to declare that federal law supersedes state law, all the while having argued the exact opposite when the ideology suited his purpose. If he’s at able to accomplish the undermining of the voter approved MM J laws, via some back-room deal. He would then have an inroad to the Arizona Department of Health services… and would freeze the process. Currently the list is queued up 126 collectives deep… who are just sitting around, waiting to operate.

These 126 collectives have been held in limbo for the past two years by the governor; Jan Brewer and the state’s attorney general Tom Horne. Of Arizona’s 31,000 medical marijuana patients that have been approved, for medicinal purposes, the consumption of medical marijuana. Not one collective has yet been made available to them… still suffering for the political ‘ideology’ of two – out of touch individuals. Correct me if I’m wrong, but don’t they serve at the peoples will? Isn’t November just around the corner?

As a means of providing themselves a little wiggle room a good politician will always lay down a nice layer of slime — and Arizona Atty. Gen.’s ‘goo’ was this. Mr. Horne professed that it was not his will to go against the state of Arizona’s voters, but rather that he had been approached by many of Arizona’s prosecuting attorneys asking for guidance. Fearful that their state law would find itself in direct conflict with the federal statutes and thereby be preempted… during Horne’s extensive research he claims to have determined that a state “may not authorize” something for which the feds have clearly prohibited.

While the tunnel vision of Atty. Gen. Horne leads him to blindly site his party’s ideology regardless of the logic at hand, one minute he claims they can deport illegal immigrants, regardless of what the federal government claims. The next minute he’s telling his state prosecutors that they must prosecute legal medical marijuana collectives, should they open. Despite the fact that this was a voter approved initiative that provides for the legal cultivation of marijuana and its distribution.

This post originally appeared on Marijuana.com and was republished with special permission.


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  1. Grote Schnotom on

    As a brief aside to my final sentence, Arizona law, as I understand it, allows cultivation only if a dispensary is not located within a certain distance (e.g. 5 miles).

  2. Grote Schnotom on

    . . . [Horne] claims to have determined that a state “may not authorize” something for which the feds have clearly prohibited.”

    Assuming this was Horne’s exact logic, I think Horne is severely misguided about how government works. First, as a constitutional principle, the People do not need government’s authorization to engage in any activity, unless those activities are illegal or otherwise restricted. See 10th Amend. Therefore, if a state process by referendum removes an illegality/restriction, then such a situation is not an “authorization,” but rather the process simply returns the said activity to where it was before it was originally made illegal/restricted.

    Bottom line, there is no state vs. federal “conflict” where a state decides to remove the state criminal sanction upon a given activity. What remains is the federal illegality, which then places the burden upon the federal government alone to enforce the federal law. In my opinion, possession, use, or cultivation for medical purposes in Arizona will probably pass the muster of the U.S. Const. Supremacy Clause.

    However, permitting the sale and distribution of medical marijuana (by dispensary or otherwise) may run afoul of the Supremacy clause if it is deemed to constitute interstate commerce. This issue is much less clear and much more contentious. In my opinion, it may be better for Arizonians to not have access to dispensaries since this will allow them to cultivate (providing cheaper access).

  3. There’s 46,000 patients in AZ. The Co. Atty of Maricopa county is in cahoots with Tim Horne. The SAD part is…. The Democratic party is allowing THAT FUCKSTICK to run UNOPPOSED in November! I LIVE in AZ and Horne runs in 2 Years And we WON’T forget this either!

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