Half of Arizona’s voters (49.9 percent) voted against “medical” marijuana, many suspecting it was just a scam to legalize pot. They’ve since been proved right. But what most opponents don’t know is that our elected officials could and should stop this law today. Prop 203 authorizes violations of federal law, and states can’t do that, not even by voter initiative.
It’s still a federal crime to grow, sell or possess marijuana, and it’s also a crime to help anyone doing those things. So state employees who license patients or dispensaries to grow, sell or possess marijuana are federal criminals. Landlords who rent to growers or dispensaries are federal criminals. And those who lend money to marijuana businesses are federal criminals.
Several U.S. Attorneys have written letters warning that state employees, landlords, and financiers who help others violate the federal Controlled Substances Act can be prosecuted. Possible consequences include fines, jail time and forfeiture of property.
When Democratic governors in Washington and Delaware received this warning, they shut down their dispensary programs immediately. As Washington Governor Christine Gregoire said, “No state employee should be required to violate federal criminal laws.” She believed it would be “irresponsible for her to leave her workers vulnerable.”
She’s right. Even if no one is prosecuting state employees now, nobody knows what a future administration (or even this one) might do, and the statute of limitations leaves state workers vulnerable for many years. If a future administration decides to prosecute, the state can’t pay the fine or go to jail for the employee.
However, when Republican Governor Jan Brewer received the exact same warning from Arizona’s U.S. Attorney, she ignored the warning, kept the letter secret from Attorney General Tom Horne, and continued with her plan to license dispensaries. Why?
Arizona Attorney General Tom Horne filed a lawsuit in federal court asking Judge Bolton to advise him whether federal law preempts Prop 203, but he didn’t take a position for or against. Judge Bolton told the AG’s office to file an amended complaint taking a position, or she would dismiss the lawsuit. If he had taken a position, the judge would have overturned Prop 203, but Horne never filed an amended complaint. Why not?
Last May, Maricopa County Attorney Bill Montgomery advised county employees not to issue licenses or permits under Prop 203, because they’d be violating federal law. Montgomery urged Tom Horne to issue a similar opinion to protect state employees, but Horne hasn’t acted. Why won’t he?
Governor Brewer, or our state legislative leaders, Senate President Steve Pierce and House Speaker Andy Tobin, could insist that Tom Horne issue that opinion. Why haven’t they?
These actions would be prudent and reasonable, and would bring Prop 203 to a grinding halt, but our state leaders refuse to act. Voter protection is no excuse because unconstitutional laws aren’t voter protected. For example, if Arizona’s voters decided that women couldn’t vote, a federal court would strike it down even if 99 percent of Arizonans voted in favor. So Horne, Brewer, Pierce and Tobin have every right and reason to halt the entire program. Why won’t they?
Do our Republican leaders dislike President Obama and the federal government so much they’re opposing them on this issue even when they know the feds are right? That would be ironic because they’re fighting them over SB 1070, Arizona’s attempt to enforce federal law. Now they’re fighting them over Prop 203, Arizona’s attempt to violate federal law.
Elected officials should care equally about enforcing federal drug laws and federal immigration laws. Instead, they appear to despise illegal immigrants while embracing illegal drug users. Perhaps our well-intentioned leaders are getting bad advice.
Arizona now has the most lax marijuana law in the nation. It’s clearly unconstitutional. The courts and the Obama administration have told our Republican leaders exactly how and why to get rid of it. What’s stopping them?
Carolyn Short, retired lawyer and Chairman of Keep AZ Drug Free, the organization that led the opposition to Prop 203.
American Socialist posted at 9:39 am on Wed, May 23, 2012.
Carolyn...
You have no right to tell people what they can and cannot put in their bodies. This is America, we do what we want here.
You dont like marijuana, dont smoke it, its not that tough, I bet you drink you're face off though. ;)
Just face it...YOU LOST, the people won, and who are you to say what best for the people...you're no one, just a sad lawyer with a grudge.
Own you're loss with some dignity and please move on.
Leon Ceniceros posted at 9:49 am on Wed, May 23, 2012.
Governor Jan Brewer's hands are tied by this Federal Judge's ruling. If Democrat President Barack Hussein Obama's Department of Justice is so concerned...so upset...then the United States Attorney General, Eric "Fast and Furious" Holder should go to Federal Court and seek to .........vacate this Federal Judge's Order.
But........Politics being "Politics"....and Barack Hussein Obama promising the ..."Youth Voter"....free this and free that.....doesn't have the ..."GUTS" ....to come out ..."dead against".....the ...."Youth Voters"....party substance of choice....MARIJUANA.
PUT THE BLAME FOR THE PROBLEM OF MARIJUANA WHERE IN BELONGS......THE "FEDS".
LPK posted at 10:42 am on Wed, May 23, 2012.
Carolyn,
[sad] Until you look int the eyes of your loved one suffering with cancer , dont tell me that medicinal marijuana is not necessary for those who suffer so. I must say, it did what not even the highest doses of PRESCRIBED Oxycontin could achieve for my late husband. , and helped ease his suffering while he was dying. . I see you are a lawyer , not an oncologist. Why just marijuana? Why not make all pain medications illegal. Why don't we just ban all drugs , or for that matter over the counter products, that potentially could be a problem or abused. . In reality, Lets DO put the BLAME for Marijuana and any other drug or chemical someone will abuse, directly WHEE IT BELONGS , onto the ABUSER themselves and quit blaming our government for not being able to stop some Americans from harming themselves.
Arizona Willie posted at 10:49 am on Wed, May 23, 2012.
Another from the religious right who thinks they have the right to tell everyone else how to live their life.
To avoid a government Theocratic == vote Democratic
Rich posted at 10:51 am on Wed, May 23, 2012.
Some people are in pain. Marijuana helps. And this nonsense that it doesn't is just that, nonsense. Of course it helps, if only a mental attitude. So your point of view here should properly be termed sadistic. You enjoy other people's pain. Always rather wondered about people like that. Are they born that way or do they learn it?
Spikeypando posted at 12:24 pm on Wed, May 23, 2012.
More states should "Thumb their nose" at federal Warnings on all Marijuana laws. The voters have spoken, it's here to stay and growing nationwide. Deal with it Carolyn, maybe focus on Alcohol and prescription drug abuse among AZ. teens..
Duncan20903 posted at 1:58 pm on Wed, May 23, 2012.
Ms. Short, would you care to share the amount of your compensation package from your Keep AZ "Drug" Free dog and pony show so that we may judge for ourselves the level your vested financial interest in perpetuating the idiocy of the absolute prohibition of cannabis? Also, please disclose any other compensation that's related to your "work" such as book royalties or advances, speaking fees, etc. You haven't got anything to hide, right?
Leon Ceniceros posted at 2:27 pm on Wed, May 23, 2012.
IF MEDICAL MARIJUANA IS SUCH A .....MIRACLE PAIN RELIEVER.....WHY HASN'T THE MOST LIBERAL DEMOCRAT ADMINISTRATION IN HISTORY...........CHANGED MARIJUANA'S DRUG ENFORCEMENT SCHEDULE STATUS ???
ALL IT WOULD TAKE WOULD BE A ...........STROKE OF PRESIDENT BARACK HUSSEIN OBAMA'S PEN...........BUT.....HE WANTS TO WIN RE-ELECTION SO HE TURNS A ..........BLIND EYE...........FOR THE INDEPENDENT VOTER WHO FEELS THAT..........."ALL".....DRUGS ARE BAD.
Rich posted at 8:24 pm on Wed, May 23, 2012.
"."ALL".....DRUGS ARE BAD."
Quite obviously not or their ads wouldn't be all over television and our drug companies would be a lot smaller. Some people are better off smoking MJ, and heroin gave you "Naked Lunch". Banning them is just messing with minorities and feeling superior to feed your own inferiority complex. You keep looking for a drug to make your Van Gogh's 'normal', when 'normal' is the problem, not the solution. The artists don't go halfway around the world to kill other people's children, the 'normal' people do.
KeepAZOxycontinFree posted at 1:50 am on Thu, May 24, 2012.
Carolyn Short retired from being a lawyer. However, she will forever be known as a law-blocking citizen. She is a has been looking for something to do and when she isn't contradicting herself by supporting the tea party which stands for "liberty" and blocking Arizona voters from having a ballot initiative implemented which is the spirit of the United States.
Go back to Myrtle Beach and take Brewer and her rapist son with you... silly wankers.
CMiller posted at 5:43 am on Thu, May 24, 2012.
I thought you guys were one happy family? How sad![sad]
wdgnas posted at 6:00 am on Thu, May 24, 2012.
leon: the u.s. is a signatory of the single convention treaty of 1961. decriminalization would be easier to get away with.
timdlittle posted at 7:02 am on Thu, May 24, 2012.
Miss Short is another in a long line of people who seek to criminalize something in order to make a profit. Taking on meth, Heroin and prescription med abuse is not "sexy" enough for them to bring in any sort of recognition so they go after the easy. I doubt anyone who runs a so called non profit for a living really has any one other then her own and those who stand to profit from prison sentence and false treatments in mind. Their arguments against MMJ are weak..at best. As a wounded med retired Vet of 2 tours (she failed to mention that the VA allows for the use of MMJ in states with laws on the books for patients in need). The biggest killer of my brothers right now is not the enemy but prescription meds . MMJ saved my life and is allowing me to somewhat enjoy my family and my self again. She's is wasting money and she will waste tax payer money on a issue that is coming down to basic rights. The right for myself and others to say no to drugs that are killing us and yes to mmj that has yet to kill one person. You are in the wrong Ma'am and we will meet your lies and your goal of profiting off donations and tax money to push your own private agenda with a very vocal and very strong base of support to fight the ignorance you push off as fact.
timdlittle posted at 7:07 am on Thu, May 24, 2012.
http://www.gwpharm.com/sativex.aspx For all you mouth breathers who wonder why big pharma has not jumped on MMJ...they have. And they are terrified that the common man will be able to grow and use it his self. NEXT STUPID COMMENT?
Soul Rebel posted at 8:02 am on Thu, May 24, 2012.
"If people let the government decide what foods they eat and what medicines they take, their bodies will soon be in as sorry a state as are the souls of those who live under tyranny." ~Thomas Jefferson
Bfrank posted at 8:47 am on Thu, May 24, 2012.
For me, the issue is secondary. Although not terribly fond of Arizona politicians, I am for any state fight against the federal government and Arizona is proudly defiant, now that I support![thumbup]
Seedy Ward posted at 10:17 am on Thu, May 24, 2012.
Leon -- While the administration hasn't addressed their real rationale, I believe the core is that they, like most politicians of both the major parties, are gutless cowards. That's why pot is still illegal today despite the decline of public support for prohibition. They like to talk a lot about freedom, but they don't walk the walk.
TucsonDemocrat posted at 11:42 am on Thu, May 24, 2012.
Thank you, Carolyn. You are NOT ALONE in this fight. What's right is right- keep up the fight. I do NOT want my children to go down that road....which usually STARTS WITH POT/alcohol. Anyone who is a doper or a survivor knows that.
Thank you again.
As far as the people with medicinal needs- go bug the FDA to approve your drugs.
VofReason posted at 12:59 pm on Fri, May 25, 2012.
People who need pot for pain should have access to it and no one would care. Don't tell me that the people who pushed for it in this state were looking out for those people only. Drive down Scottsdale and Thomas someday and look at the slackers in cutoffs and concert tees with the signs for MJ perscription and cards and tell me who the winners were.
wdgnas posted at 5:56 am on Sat, May 26, 2012.
tuscondemocrat: "i do NOT want my children to go down that road." What was the first drug you remember taking.? do you give any over the counter drugs to you children? aspirin, tylenol could be considered a gateway drug. how many people do you know that are addicted to nicotine in one form or another?
Psychoboob posted at 9:50 am on Fri, Jun 1, 2012.
Instead of trying to ban a relatively harmless plant, why don't you focus on the drug that causes more harm than any other substance, ALCOHOL.
Better yet, stop with the lies and ignorance you spew and STFU.
wangly posted at 7:54 pm on Fri, Nov 9, 2012.
viewed as illness."Medicalizing this sort of misbehavior is reducing personal personal discount designer handbags personal responsibility and acting like there is a medical solution,"
said. "There is very little scientific evidence and the boundaries boundaries designer replica handbags boundaries are fuzzy."Kafka admits that there is more clinical than
data on sexual hyperactivity, but including it as a disorder disorder replica designer handbags disorder in the DSM-5 will open doors to that kind
research."By calling it an illness, you could be quite relieved relieved replica designer handbags relieved that for something you have not really been able
control on your own, help is available," he said.Candy admitted admitted cheap authentic air jordans admitted that he needs help, as he fought back tears
his story.After reading the proposed DSM criteria for hypersexuality disorder, disorder, cheap designer handbags disorder, he said, "It describes me to an absolute T,"
that people would be less judgmental if his behavior is is replica designer handbags is defined as a mental disorder.A disabled vet with a
injury, Candy retired two years ago. His wife of 32 32 authentic jordans 32 years works to support them, and so he is
for raising their two youngest children, ages 6 and 8. 8. cheap designer handbags 8. He loves his family, but his sexual urges have
over.While the children are in school, he goes online and and cheap designer handbags and lives a secretive life, dressing up as a woman
having online sex with men."I am on the Internet for for replica designer bags for sale for about four hours, then I race around doing the