老澳门开奖结果

Lawsuit Is Affront to Arizona Voters and Impedes Sick People from Accessing Needed Medicine

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PHOENIX 鈥� The 老澳门开奖结果 today asked a federal judge to throw out a lawsuit filed in May by Arizona Gov. Jan Brewer that seeks to have her state鈥檚 medical marijuana law struck down.

In a motion filed today in the U.S. District Court for the District of Arizona, the 老澳门开奖结果 charges that the lawsuit should be dismissed because, among other reasons, there has been no threat that state employees charged with carrying out the state鈥檚 law would be prosecuted by federal authorities.

鈥淥n the pretext of protecting her state employees, Gov. Brewer is simply seeking to thwart the will of Arizona鈥檚 voters and unconscionably block sick people from accessing their vital medicine,鈥� said Scott Michelman, staff attorney with the 老澳门开奖结果 Criminal Law Reform Project. 鈥淧eople should have the freedom to choose the medicine their doctors believe will be most effective for them.鈥�

In May, Brewer filed a lawsuit against the Department of Justice, U.S. Attorney General Eric Holder, U.S. Attorney Dennis Burke and potential dispensary applicants seeking a ruling from a federal court that the law is preempted by federal law and should be struck down. The 老澳门开奖结果, along with the Phoenix law firm Gammage & Burnham, represents the Arizona Medical Marijuana Association (AzMMA), a non-profit, membership-based professional association that seeks to advance the interests of Arizona鈥檚 medical marijuana profession and the patients it serves, and that is a named defendant in Brewer鈥檚 lawsuit.

Brewer鈥檚 lawsuit claims that Arizona officials fear federal prosecution for implementing the law, even though Burke said in the days leading up to Brewer filing the lawsuit that the federal government has 鈥渘o intention of targeting or going after people who are implementing or who are in compliance with state law.鈥�

Brewer鈥檚 lawsuit also claims that Arizona鈥檚 medical marijuana law is in conflict with the federal Controlled Substances Act. But three appellate court decisions in California have previously rejected claims that California鈥檚 medical marijuana law is preempted by federal law. And the Oregon Supreme Court in May backed away from its previous ruling that a part of Oregon鈥檚 medical marijuana law is preempted by federal law.

A majority of Arizona voters in 2010 passed Proposition 203, which allows terminally and seriously ill patients in Arizona who find relief from marijuana to use it with a doctor鈥檚 recommendation. The law allows marijuana to be distributed by tightly regulated clinics to patients with state-issued registry cards and creates penalties for false statements and fraudulent cards.

鈥淕ov. Brewer鈥檚 efforts to derail Prop 203 are bad for patients and bad for public safety,鈥� said Alessandra Soler Meetze, executive director of the 老澳门开奖结果 of Arizona. 鈥淭his law received broad public support because it was thoughtfully written to give patients access to vital medicine, while at the same time creating a well-regulated system of distribution. By preventing state health officials from doing their jobs, Brewer is actually doing more harm than good and creating chaos in a system sanctioned by Arizona voters.鈥�

Along with Michelman, attorneys on the case are Daniel J. Pochoda of the 老澳门开奖结果 of Arizona, Lisa T. Hauser and Cameron C. Artigue of Gammage & Burnham, Flagstaff, Ariz. attorney Thomas W. Deene, who represents the Arizona Association of Dispensary Professionals, Inc. and attorneys from the Scottsdale, Ariz.-based Rose Law Group PC, who represent the remainder of the named non-federal defendants in Brewer鈥檚 lawsuit.

A copy of today鈥檚 motion is available online at: