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My Recent Comments
Come on, Howie, you’re smarter than this. The Governor is “duty bound” to enforce a state law that forces state employees to violate federal law? Common sense alone dictates a different conclusion. And, the law is clear. (Maybe you should have asked a lawyer.) No state law can authorize violations of federal law.
Governor Brewer has received two separate warnings from the Department of justice. The County Attorneys didn't make a "plea" to Governor Brewer. They respectfully pointed out to the Governor that moving forward with implementation of the marijuana program puts the state in grave danger of serious repercussions. Perhaps they were politely filling in the glaring gap left by the oddly silent Attorney General.
Please just admit a little bias on your part here. For whatever reason, you personally want the state to implement the “medical” marijuana law, so you personally are going to ignore clear legal reasons why the state should halt implementation. Every other state warned by the DOJ has halted implementation. The only reason given by the Governor for implementing this illegal law is that the voters want it. Why didn’t you ask her what she would do if the voters wanted to prohibit women from voting? Voters can’t pass laws that authorize violations of federal law and you know it.
Perhaps the worst part of this article is YOUR statement that, “In fact, the governor tried to get just such an order but without success as a federal judge refused last year to rule on Brewer's request to clarify whether the state's medical marijuana program can proceed in spite of federal law.” You were in the courtroom. The Judge (Judge Bolton) told Attorney General Tom Horne to take a position as to whether or not Prop 203 is unconstitutional or she would be FORCED to dismiss the lawsuit. For whatever reason, Tom Horne refused to take a position and the Judge had no other choice than to dismiss the lawsuit. You know that. How can you, in good conscience, say the Governor TRIED to get an order? She didn’t make even a basic attempt. AND she still could ask for that order. Why doesn’t she?
The DOJ gave Arizona two separate warnings not to go forward with implementation of the marijuana program. In the face of Attorney General Tom Horne’s odd silence, 13 county attorneys, both Republicans and Democrats, advised the Governor that the “medical” marijuana law should not be implemented for legal reasons. The Governor thinks she's smarter than the County Attorneys. THAT’S the story.
Journalism at its absolute worst.
10 months ago
Dave -- The Controlled Substances Act, which makes it illegal to possess, use, grow or sell a controlled substance. Marijuana is a Schedule 1 controlled substance. State employees who issue marijuana cards or dispensary licenses are "facilitating" the possession, use cultivation and/or sale of marijuana contrary to the CSA. Dec 15, 2011
An interesting perspective, Dave. The problem with your analysis is that actual prosecution of state employees is not necessary, so the "likelihood" of the feds prosecuting state employees is irrelevant. The issue is that state employees are violating federal law. A state law simply can't require people to be federal criminals. All have acknowledged that the feds won't and can't give state employees immunity from prosecution. You are correct about the marijuana cards. State employees can't issue those, either. The entire state law is preempted by federal law. Dec 15, 2011
Regardless of why the issue is in court, the question is whether the activities of the clubs are legal or not. Not a difficult legal concept. Mr. Dean's failure to understand basic legal concepts might be why his client is spending wasted time and money fighting a clear loser of a case.Oct 23, 2011
Thank goodness for responsible state leaders! Thank you Governor Brewer and AG Horne for not allowing our state to go down the same path as California and Colorado! Please stop the Department of Health Services from issuing marijuana cards! Jul 21, 2011