Maricopa County attorney fails in attempt to stop medical marijuana, to go to appellate court

By Yvonne Wingett Sanchez

The Arizona Republic

Maricopa County Attorney Bill Montgomery intends to ask the Arizona Court of Appeals to temporarily block a lower court ruling that the state’s medical marijuana law is constitutional.

Montgomery’s remarks came Thursday, almost immediately after Superior Court Judge Michael Gordon refused to grant the county attorney’s request to stay or suspend the medical marijuana ruling. In the meantime, Montgomery said his office “will take the necessary steps to comply with” the judge’s order.

Last week, Gordon ruled federal drug laws do not preempt the Arizona Medical Marijuana Act and that public officials must implement the law as voters intended. Gordon also ruled Maricopa County officials must provide zoning documentation for a potential medical marijuana dispensary in Sun City. The ruling essentially paved the way for dispensaries to open without fear of prosecution by law enforcement.

Gordon on Thursday said he would give Montgomery’s office more time to comply with his order pertaining to zoning documents involving the Sun City dispensary.

Continued: 

Also:  Arizona to allow delays in opening pot dispensaries

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