Can we or can’t we?
That seems to be the point of the lawsuit that Arizona Attorney General Tom Horne has just filed suit against the Department of Justice, seeking a federal court judgment on whether state officials can implement the new Arizona Medical Marijuana Act, which voters approved last November. The law decriminalizes distribution, possession and use of marijuana for medical purposes in certain specific circumstances.
The trouble is, the Arizona law, like those passed in several other states recently, puts Arizona in a situation that is ambiguous at best, since marijuana remains illegal under federal law, as the U.S. Attorney for Arizona, Dennis Burke, has reminded state officials.
Horne said the Arizona suit was intended get a court ruling “that makes it clear what direction we can safely go — either to implement the law or that we cannot,” The Associated Press reported.
In directing Horne to sue, Gov. Jan Brewer said: “For the state employees charged with administering the medical marijuana program or the Arizonans who intend to participate as consumers, it’s important that we receive court guidance as to whether they are at risk for federal prosecution,”according to a report in The Cypress Times. “Arizonans deserve clarity on an issue with such dire legal implications.”
Several U.S. Attorneys have warned people in their states that they will continue to prosecute those who run big pot operations, as Main Justice reported a few weeks ago. The prosecutors seemed to be making a distinction between those who use marijuana for medical reasons and those who grow and distribute marijuana for pleasure and profit.
