By Yvonne Wingett Sanchez
The Arizona Republic
The state’s medical-marijuana program is not pre-empted by federal law, a Maricopa County Superior Court judge ruled Tuesday.
The long-awaited ruling by Judge Michael Gordon rejects arguments made by Maricopa County Attorney Bill Montgomery and Arizona Attorney General Tom Horne that the voter-approved law should be shut down because pot is illegal under the federal Controlled Substances Act.
The ruling opens the doors for medical-marijuana dispensaries to open their doors without fear of state prosecution and gives medical-marijuana patients a place to legally obtain marijuana. The first dispensary could open this week in Glendale, with another to follow in Tucson later this month.
Maricopa County Attorney’s Office spokesman Jerry Cobb said they will appeal the ruling.
“As the trial court notes, the questions of law presented in this case and the analysis utilized by the trial court are now well settled or universally accepted,” Cobb said in an e-mail.
The case started with whether Maricopa County had to approve zoning for a dispensary in Sun City. [Click here to read Superior Court document (12/3/12)
It grew to include the larger legal question of whether federal drug laws pre-empt Arizona’s medical marijuana law.
Under Gordon’s ruling Tuesday, county officials must provide the White Mountain Health Center with documentation that it complies with local zoning restrictions.[Click here to read the full complaint (6/19/12)
Also:
Judge rules in favor of Arizona’s medical marijuana dispensaries
