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Blocking Medical Marijuana In Arizona Is Illegal Judge Says


Jan Brewer marijuana leavesDespite Judge’s Words, Arizona Governor Still Lacks Compassion For Medical Marijuana Patients

Ninjasmoker posted an article about a week ago that talked about the public statement made by Arizona Governor Jan Brewer. Governor Brewer has tried everything she can think of to stop full implementation of medical marijuana in Arizona. Governor Jan Brewer was elected to uphold the will of the people, yet she has found it necessary to thrust her own opinions on the citizens of Arizona. After all of her attempts were thwarted, she stated the following:

“The State of Arizona will not re-file in federal court a lawsuit that sought clarification that State employees would not be subject to federal criminal prosecution simply for implementing the Arizona Medical Marijuana Act (AMMA),” the statement read. “Instead, I have directed the Arizona Department of Health Services to begin accepting and processing dispensary applications, and issuing licenses for those facilities once a pending legal challenge to the Department’s medical marijuana rules is resolved.”

Yesterday, the legal challenge that Governor Brewer refers too was decided, and once again, Governor Jan Brewer’s reefer madness crusade came up short. In an article that I read on Google news, the judge said the following:

“Defendants cite no authority for this proposition, and the court has found none,” Maricopa County Superior Court Judge Richard Gama wrote in his ruling made public Wednesday. “The voters intended the Arizona Medical Marijuana Act be implemented within 120 days. This has not been done.”

The article went on to quote the attorney that represented the medical marijuana community in Arizona:

“What Judge Gama said in his order is that she’s to implement the act, period,” said Ty Taber. He represents interests that sought to force Brewer to finally comply with the law.

Now, one would think that the ruling, and especially the judge’s words, would be enough to make Governor Jan Brewer give up her anti-medical marijuana crusade…However, that is not the case. Rather than have compassion, and follow the judges orders, Jan Brewer is trying to plot her next move. The article I referred to above had the following quote from Governor Jan Brewer’s aide:

“She’s going to have to have an opportunity to review this decision and decide where to go from here,” gubernatorial press aide Matthew Benson said.

Governor Brewer has 30 days to appeal the decision, or it automatically takes affect. I will hope for the best, and hope that Governor Brewer decides to give up her crusade and actually focus on things that matter, but I can almost guarantee she won’t. Governor Brewer is a neo-con, and will do everything she can to force her harsh, outdated views on the State of Arizona. When she is up for re-election, I really hope she feels the wrath!


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Johnny Green


  1. Look closely at Governor Brewer. That’s the type of woman that drunks wake up to see in the morning. Men have been known to chew off their own arms rather than risk waking up such a woman before making good their escape. Drinking alcohol is bad, mmm-kay?

  2. On January 19, 2012, Judge Richard Gama ordered, in a lawsuit brought on behalf of medical marijuana supporters, the State of Arizona to implement the lawful provisions of the Arizona Medical Marijuana Act. In making his ruling, Judge Gama ruled some provisions of the final rules made by the Department of Health Services null and void. Those provisions were:

    1) That one of the requirements for being a principal officer in a medical marijuana dispensary is three years residency in Arizona. To prove this, the applicant was required to prove three years of Arizona personal income tax having been paid.

    In our opinion, Judge Gama eliminated a plainly unconstitutional requirement that never should have been put in the rules. In comment letters during the rule-making process, we repeatedly emphasized that this requirement violated the Constitution of the United States. The Department of Health Services decided to ignore the Constitution, but Judge Gama correctly voided the provision.

    2) Various provisions that an applicant had not filed bankruptcy in the past, was current on child support, was not delinquent in paying taxes, did not have unpaid judgments to the government, and was not in default on any government issued student loan.
    Again, for many reasons, these provisions were plainly unconstitutional. Judge Gama correctly voided them.

    At Marc J. Victor, P.C., we applaud the ruling of Judge Gama and the efforts of all medical marijuana advocates. We hope Governor Brewer, in the face of losses in Federal Court and now Superior Court, stops hindering the implementation of the Arizona Medical Marijuana Act as voted into law by the citizens of Arizona.

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