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Arizona Authorities Lose Another Challenge to State Medical Marijuana Program

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Arizona authorities such as Sheriff Joe and Governor Jan Brewer find themselves under the spotlight frequently, though not always in the way they would like.  Arizona is developing quite the reputation for creating divisive law (banning ethnic study classes, requiring police officers to use profiling to seek out illegal immigrants).  Fighting progress tends to be a losing battle

They have also been challenging the will of the people regularly.  In the case of the state’s medical marijuana program, many high profile lawmakers, including Governor Brewer, have tried hard to reverse a law that was passed by a majority of Arizona residents.  The most recent attempt made its way to the Arizona courts.

Last week, Judge Michael Gordon of Maricopa County Superior Court ruled in favor of Arizona’s medical marijuana law.  The case evolved from a dispensary zoning issue into a larger debate of whether or not Arizona’s medical marijuana law is defeated by federal law.  In his decision, Judge Gordon said “This court will not rule that Arizona, having sided with the ever-growing minority of states and having limited it to medical use, has violated public policy.”  He also went on to say “No one can argue that the federal government’s ability to enforce the (Controlled Substances Act) is impaired to the slightest degree.”

To no surprise Arizona Attorney General Tom Horne and Maricopa County Attorney Bill Montgomery have vowed to appeal the ruling.  It seems that certain Arizona lawmakers may not quick learners.  Only days after the decision to uphold the Arizona medical marijuana law, the state’s first dispensary opened in Glendale.  It appears progress is winning.

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