Arizona: State’s Highest Court Rejects Efforts to Thwart MMJ

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Maricopa County Attorney Bill Montgomery received some bad news on Tuesday, the Arizona Supreme Court has sided with the voters and medical marijuana.

According to Phoenix New Times, the Arizona Supreme Court denied Montgomery’s petition “to review a December state Court of Appeals ruling in White Mountain Health v. Maricopa County/Montgomery.

By declining Montgomery’s petition, the high court has acknowledged the lower Court of Appeals ruling, which found federal law does not circumvent Arizona’s 2010 voter-approved medical marijuana act. According to Tucson.com, “The lower court said the fact that marijuana remains a felony under federal law does not preempt the state from deciding to decriminalize it for some.”

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While great news, there was one caveat.

The lower court, in their earlier decision, acknowledged the unsettling fact that no provisions in the Arizona Medical Marijuana Act prohibit federal prosecution of any patient or stakeholder “by federal authorities under federal law.”

Assisted by Arizona’s ACLU and the American Civil Liberties Union, White Mountain Health has won a major victory for Arizona’s 120,000 medical marijuana patients.

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Born in Long Beach, raised on the central coast: I surf, dab, burn, and blog – though not necessarily in that order. I'm a husband, a father and a lifelong consumer of connoisseur grade weed. I don't drink alcohol or consume any other "drugs." I consider myself to be living proof that weed is not a gateway drug. If it were, I'd be in some serious trouble. Instead, as a 50-year-old ex-realtor that has been smoking weed for nearly 80% of my life (just did the math) ... I can only say, marijuana is safer than prescription pills or alcohol could ever hope to be for calming what stirs the savage beast.

1 Comment

  1. Though this seems like a victory for pro MMJ advocates, all it really does is show how much of a real problem the Federal Prohibition on Cannabis is. The Federal laws against it are causing ALL the problems with use of this plant. All efforts, energy, money and action MUST be directed at forcing Congress to remove ALL Federal restrictions against the Cannabis plant so that States can do as their citizens want and that NO ONE goes to jail or is denied access to weed, in all its forms. The only regulation should be on age. Please, everyone, continue to focus on our Legislators in Washington to stop this insane illegal status on weed!

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