Marijuana Club's Attorney Says Move To Shut Them Down Flouts Will Of Arizona Voters

[bobandtorey]

The state cannot try to shut down medical marijuana clubs because Gov. Jan Brewer is ignoring the will of voters, an attorney for one of the clubs is arguing.

 

Michael Walz said he is not conceding that the clubs, where dues-paying members can get free marijuana, are operating outside the scope of the medical marijuana law approved by voters last year. Walz and lawyers representing other clubs believe their operations fit within an exception.

 

if(typeof(cachebuster) == "undefined") {var cachebuster = Math.floor(Math.random()*10000000000)} if(typeof(dcopt) == "undefined") {var dcopt = "dcopt=ist;"} else {var dcopt = ""} if(typeof(tile) == "undefined") {var tile = 1} else {tile++} document.write(''); But Walz said that the state has no right to go to court to try to shut the operations down.

 

“The voters passed Proposition 203 that required the state to set up a number of dispensaries, about 126,” he said Tuesday. Those dispensaries were supposed to be where individuals with certain medical conditions could legally obtain up to 2 1/2 ounces of the drug every two weeks.

 

But Brewer along with state Health Director Will Humble are refusing to even accept applications to run the dispensaries.

 

The governor said she feared that state employees who would process the forms could be subject to criminal prosecution under federal laws, which make it a crime to even facilitate someone obtaining illegal drugs. And marijuana remains illegal under federal statutes.

 

Brewer also directed state Attorney General Tom Horne to file suit, asking a federal judge if Arizona can implement its medical marijuana law — including licensing dispensaries — despite the federal laws. But in the meantime, no dispensaries are being licensed even though there already are close to 11,000 Arizonans who have state-issued permits to purchase and use marijuana for medicinal purposes.

 

“She’s refusing to follow the law without any legal excuse,” said Walz who represents the Arizona Compassion Club. “That’s just not tolerable.”

 

What it is, however, is a legal opening for Walz to try to have the state’s lawsuit to shutter his client’s club and others thrown out.

 

“The law recognizes that, in certain situations, that when the government acts improperly, that they can’t get the relief that they are seeking,” he said.

 

Beyond that, Walz is arguing to Maricopa County Superior Court Judge Dean Fink that it’s the state’s own fault that the clubs have opened their doors.

 

He said that his client would never have opened up a club in the first place had the state and its officials followed the voter-approved law in the first place.

 

“If there were 126 registered medical marijuana dispensaries in Arizona, all the defendant (club) would have no reason to exist,” he said.

 

“Medical marijuana patients deserve to have their medicine,” he said. And Walz said members of the club he represents have a “sincere desire” to help those patients.

 

“This is really the only way to do it,” Walz said.

 

Assistant Attorney General Lori Davis called Walz’ contention “factually and legally incorrect.”

 

“The state has implemented the (medical marijuana) law to the extent it can,” she said. And Davis said Brewer “acted responsibly” in refusing to allow state health officials to process applications for dispensaries.

 

“She really didn’t have a choice,” Davis said, with the possibility that state workers could be prosecuted for violating federal law.

 

Davis said that, with the exception of licensing dispensaries, Brewer and state officials have complied with every other aspect of the voter-approved law. That includes adopting rules and regulations as well as issuing medical marijuana cards to patients who have a doctor’s recommendation saying that they have a condition which could be treated with the drug.

 

The argument by the marijuana clubs is that they are simply providing homes for nonprofit organizations that accept the donation of marijuana and seeds by people who grow their own, which is legal under Arizona law. These organizations then give away what they collect.

 

The state’s lawsuit to shutter the clubs is based on the premise that the marijuana clubs, by charging a membership fee to get inside — where the organizations and their give-away drugs are located — are effectively selling marijuana. Only licensed dispensary operators, of which there are none, can do that.

 

http://www.eastvalleytribune.com/arizona/article_02466536-de56-11e0-8435-001cc4c002e0.html

 

 

 

[lawyercaregiver]

The state cannot try to shut down medical marijuana clubs because Gov. Jan Brewer is ignoring the will of voters, an attorney for one of the clubs is arguing.

 

Michael Walz said he is not conceding that the clubs, where dues-paying members can get free marijuana, are operating outside the scope of the medical marijuana law approved by voters last year. Walz and lawyers representing other clubs believe their operations fit within an exception.

 

if(typeof(cachebuster) == "undefined") {var cachebuster = Math.floor(Math.random()*10000000000)} if(typeof(dcopt) == "undefined") {var dcopt = "dcopt=ist;"} else {var dcopt = ""} if(typeof(tile) == "undefined") {var tile = 1} else {tile++} document.write(''); But Walz said that the state has no right to go to court to try to shut the operations down.

 

“The voters passed Proposition 203 that required the state to set up a number of dispensaries, about 126,” he said Tuesday. Those dispensaries were supposed to be where individuals with certain medical conditions could legally obtain up to 2 1/2 ounces of the drug every two weeks.

 

But Brewer along with state Health Director Will Humble are refusing to even accept applications to run the dispensaries.

 

The governor said she feared that state employees who would process the forms could be subject to criminal prosecution under federal laws, which make it a crime to even facilitate someone obtaining illegal drugs. And marijuana remains illegal under federal statutes.

 

Brewer also directed state Attorney General Tom Horne to file suit, asking a federal judge if Arizona can implement its medical marijuana law — including licensing dispensaries — despite the federal laws. But in the meantime, no dispensaries are being licensed even though there already are close to 11,000 Arizonans who have state-issued permits to purchase and use marijuana for medicinal purposes.

 

“She’s refusing to follow the law without any legal excuse,” said Walz who represents the Arizona Compassion Club. “That’s just not tolerable.”

 

What it is, however, is a legal opening for Walz to try to have the state’s lawsuit to shutter his client’s club and others thrown out.

 

“The law recognizes that, in certain situations, that when the government acts improperly, that they can’t get the relief that they are seeking,” he said.

 

Beyond that, Walz is arguing to Maricopa County Superior Court Judge Dean Fink that it’s the state’s own fault that the clubs have opened their doors.

 

He said that his client would never have opened up a club in the first place had the state and its officials followed the voter-approved law in the first place.

 

“If there were 126 registered medical marijuana dispensaries in Arizona, all the defendant (club) would have no reason to exist,” he said.

 

“Medical marijuana patients deserve to have their medicine,” he said. And Walz said members of the club he represents have a “sincere desire” to help those patients.

 

“This is really the only way to do it,” Walz said.

 

Assistant Attorney General Lori Davis called Walz’ contention “factually and legally incorrect.”

 

“The state has implemented the (medical marijuana) law to the extent it can,” she said. And Davis said Brewer “acted responsibly” in refusing to allow state health officials to process applications for dispensaries.

 

“She really didn’t have a choice,” Davis said, with the possibility that state workers could be prosecuted for violating federal law.

 

Davis said that, with the exception of licensing dispensaries, Brewer and state officials have complied with every other aspect of the voter-approved law. That includes adopting rules and regulations as well as issuing medical marijuana cards to patients who have a doctor’s recommendation saying that they have a condition which could be treated with the drug.

 

The argument by the marijuana clubs is that they are simply providing homes for nonprofit organizations that accept the donation of marijuana and seeds by people who grow their own, which is legal under Arizona law. These organizations then give away what they collect.

 

The state’s lawsuit to shutter the clubs is based on the premise that the marijuana clubs, by charging a membership fee to get inside — where the organizations and their give-away drugs are located — are effectively selling marijuana. Only licensed dispensary operators, of which there are none, can do that.

 

http://www.eastvalleytribune.com/arizona/article_02466536-de56-11e0-8435-001cc4c002e0.html

 

Why doesn't the governor just require a "Marijuana Stamp" in order to grow and vend cannabis. This is like a really bad movie you are forced to watch over and over again....

[c2288420]

FYI, The Untold Story

 

"For the first 162 years of America's existence, marijuana was totally legal and hemp was a common crop. But during the 1930s, the U.S. government and the media began spreading outrageous lies about marijuana, which led to its prohibition. Some headlines made about marijuana in the 1930s were: "Marijuana: The assassin of youth." "Marijuana: The devil's weed with roots in hell." "Marijuana makes fiends of boys in 30 days." "If the hideous monster Frankenstein came face to face with the monster marijuana, he would drop dead of fright." In 1936, the liquor industry funded the infamous movie titled Reefer Madness. This movie depicts a man going insane from smoking marijuana, and then killing his entire family with an ax. This campaign of lies, as well as other evidence, have led many to believe there may have been a hidden agenda behind Marijuana Prohibition.

 

Shortly before marijuana was banned by The Marijuana Tax Act of 1937, new technologies were developed that made hemp a potential competitor with the newly-founded synthetic fiber and plastics industries. Hemp's potential for producing paper also posed a threat to the timber industry (see New Billion-Dollar Crop). Evidence suggests that commercial interests having much to lose from hemp competition helped propagate reefer madness hysteria, and used their influence to lobby for Marijuana Prohibition. It is not known for certain if special interests conspired to destroy the hemp industry via Marijuana Prohibition, but enough evidence exists to raise the possibility.

 

After Alcohol Prohibition ended in 1933, funding for the Federal Bureau of Narcotics (now the Drug Enforcement Administration) was reduced. The FBN's own director, Harry J. Anslinger, then became a leading advocate of Marijuana Prohibition. In 1937 Anslinger testified before Congress in favor of Marijuana Prohibition by saying: "Marijuana is the most violence causing drug in the history of mankind." "Most marijuana smokers are Negroes, Hispanics, Filipinos and entertainers. Their Satanic music, jazz and swing, result from marijuana usage. This marijuana causes white women to seek sexual relations with Negroes." Marijuana Prohibition is founded on lies and rooted in racism, prejudice, and ignorance. Just as politicians believed Harry J. Anslinger to be a marijuana expert in 1937, many people still believe law enforcement officials are marijuana experts. In reality, law enforcement officials have no expert knowledge of marijuana's medical or health effects, but they do represent an industry that receives billions of tax dollars to enforce Marijuana Prohibition.

 

Before the government began promoting reefer madness hysteria during the 1930s, the word marijuana was a Mexican word that was totally absent from the American vocabulary. In the 1930s, Americans knew that hemp was a common, useful, and harmless crop. It is extremely unlikely anyone would have believed hemp was dangerous, or would have believed stories of hemp madness. Thus, the words marijuana and reefer were substituted for the word hemp in order to frighten the public into supporting Hemp Prohibition. Very few people realized that marijuana and hemp came from the same plant species; thus, virtually nobody knew that Marijuana Prohibition would destroy the hemp industry."

 

Regards and peace,