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Amma


bobandtorey
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PHOENIX, Ariz. (AZNewswire.com) - Allan Sobol the aggressive marketer of the Arizona Medical Marijuana Industry, filed a motion in Maricopa County Superior Court today asking Judge Dean Fink, to impose a preliminary and permanent injunction against Arizona Governor, Jan Brewer and Will Humble, Director of the Arizona Health Department . If granted by the Court the Injunction would enjoin the Governor and Humble from expending any public funds to impede, delay or in any way whatsoever, prevent the full implementation of the of the Arizona Medical Marijuana Act. (AMMA).

 

Sobol says, "It is an outrageous abuse of the public's trust, and violation of her constitutional obligations for the Governor to abuse public funds to overturn the will of the voters. This malfeasance must be stopped! Public policy and legal precedent, mandates that the Governors actions be brought into check with the will of the voters. This motion seeks to enjoin the Governor from using public funds to impede, or delay the AMMA.

 

Filed in May, Brewer's federal complaint was one of three cases she filed to limit the AMMA. Brewer argued that state officials fear federal prosecution for implementing the law, despite Arizona's former top federal prosecutor saying publicly the federal government has "no intention of targeting or going after people who are implementing or who are in compliance with state law." The U.S. Justice Department federal even filed a motion to dismiss the case. Brewer also filed two additional cases in State Superior Court attempting to limit access to patients.

 

The Arizona Voter Protection Act, enshrined in our state constitution, was specifically meant to preclude the Governor and her administration from stopping a voter initiative, passed by a majority of the voters in Arizona, from going into effect. While the executive branch seeks to disguise its efforts as a civil complaint, if the court granted the requested relief, the effect will be the same: Qualified patients would have been denied their right to obtain voted approved medical marijuana.

 

In last weeks ruling, U.S. District Court Judge Susan R. Bolton said there is no genuine threat of imminent federal prosecution of state officials who carry out the law. (http://www.azreporter.com/tt/1817.html#Federal%20Judge%20Grants%20Request%20to%20Toss%20Challenge%20on%20Arizona%20Medical%20Marijuana) While the Judge did grant the Governor thirty days in which to amend her compliant, Judge Bolton, nevertheless stated in her Order that she is "unconvinced" that the State could correct the defects in the case. The Judge did focus on the "ripeness issue", a point driven home by ACLU attorney Ezekiel Edwards.

 

According to a spokesperson for the Governor, Brewer is intending to refile her case to Stop the Medical Marijuana Act.

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