Arizona became the 15th state to legalize medical marijuana after voters narrowly approved proposition 203 in the 2010 election. The law was to establish a dispensary system allowing qualified patients to obtain up to 2.5 ounces of pot every two weeks.
Since the 2010 election, however, state officials – including Governor Jan Brewer, state Attorney General Tom Horne and Maricopa County Attorney Bill Montgomery – have done everything in their power to block the voter approved medical marijuana law.
Officials have challenged the law by arguing that implementing a medical marijuana program would put state employees in jeopardy of facing federal prosecution – based on the fact that, regardless of state law, marijuana remains illegal federally.
Most recently Maricopa County Attorney Bill Montgomery and Attorney General Tom Horne tried to block Arizona’s medical marijuana program by refusing to issue required zoning documents. Last month, that case went before a Maricopa County Superior Court Judge who upheld Prop 203 on the grounds that the state’s medical pot law doesn’t undermine the Controlled Substances Act.
Despite the decision, County Attorney Montgomery refuses to stand aside and allow the law to take effect. Late last week he filed a request asking for the case to be transferred to the state Supreme Court.
According to Montgomery’s office, “the law’s interpretation is of vital importance across the state and needs to get decided quickly.”