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Federal Judge Throws Out Lawsuit Challenging Arizona Medical Marijuana Law

Jan Brewer marijuana leaves

Gov. Jan Brewer

A federal judge granted an American Civil Liberties Union request and threw out a lawsuit filed by Arizona Gov. Jan Brewer seeking to strike down the state’s voter-approved medical marijuana law that would allow sick patients to access important medicine.

Filed in May, Brewer argued in the lawsuit that state officials fear federal prosecution for implementing the law, despite Arizona’s former top federal prosecutor saying publicly the federal government has “no intention of targeting or going after people who are implementing or who are in compliance with state law.”

In today’s ruling, U.S. District Court Judge Susan R. Bolton said there is no genuine threat of imminent federal prosecution of state officials who carry out the law.

“It is unconscionable for Governor Brewer to continue to force very sick people to needlessly suffer by stripping them of the legal avenue through which to obtain their vital medicine,” said Ezekiel Edwards, director of the ACLU Criminal Law Reform Project. “Today’s ruling underscores the need for state officials to stop playing politics and implement the law as approved by a majority of Arizona voters so that thousands of patients can access the medicine their doctors believe is most effective for them.”

Arizona voters in 2010 passed Proposition 203, which allows seriously ill patients in Arizona to use marijuana as medicine with a doctor’s recommendation. The law allows marijuana to be distributed by tightly regulated clinics to patients with state-issued registry cards and exempts from state prosecution not only seriously ill Arizonans but also their caregivers and a limited number of certified, non-profit medical marijuana dispensaries that will serve qualifying patients.

Read the order granting motion to dismiss.

From ACLU of Arizona


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  1. Hard to say. It depends on how successful you are at growing your own. I’m sure that you could grow it for less than dispensary prices once you have the equipment if you take care and spend the time it takes.

  2. Jan Brewer rather than enforcing the laws of our state has decided to refuse to enact a part of a voter passed initiative that she and her group of thugs do not like. Her use of our own tax monies to attempt to defeat voter passed initiatives rather than working to bring jobs to Arizona as she promised during her campaign is malicious and hurts many in this state. She will fail as her federal suit is bogus. She has exceeded her authority and is in clear violation of the constitution of the state of Arizona. Her disregard and outright disdain for the citizens of this state begs that she leave the capital by the same route taken by Fife Symington and Evan Mecham who were removed from office in disgrace.

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