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Judge dismisses Brewer's marijuana lawsuit

Ruth Ann Monti's photo
Phoenix Health News Examiner

Three weeks after telling the state that it had to make up its mind about whether it intends to support the voter-passed Proposition 203 that approved the use of medical marijuana, U.S. District Court Judge Susan Bolton dismissed the suit altogether earlier today.

Neither the state nor any employee has shown that Brewer's contention that issuing permits for marijuana dispensaries puts them at risk for arrest, the judge said. The dispensaries are a key part of Proposition 203.

Bolton's decision came after the American Civil Liberties Union filed a motion to dismiss the suit initiated by Gov. Jan Brewer.

"Plaintiffs do not challenge any specific action," Bolton wrote in her decision. "Plaintiffs also do not describe any actions by state employees that were in violation of [the federal Controlled Substances Act] or any threat of prosecution for any reason by federal officials. These issues, as presented, are not appropriate for judicial review."

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Brewer did not voice similar concerns for state employees who reviewed applications from patients for medical marijuana and sent permits to thousands who were approved. Cardholders are permitted, under the Arizona statute, to grow a limited supply for personal use if they live more than 25 miles from a dispensary.
 
Since the state has declined to license any dispensaries, this is a de facto approval for patients to grow their own supplies. But Brewer has not voiced concerns for patients who might be subject for arrest, either.
 
Brewer's spokesperson, Matthew Benson, told the Arizona Republic that the Governor will consult with Attorney General Tom Horne about whether to appeal the decision. Horne is a stuanch opponent of Proposition 203. "The court has essentially punted on the issue," Benson charged.
 
Bolton told the state last month that it could re-file the case if it argues that Proposition 203 is illegal, a position the state has not taken. This latest ruling gives the state 30 days to do so.
 
 
 
So far, still legal.
So far, still legal.
Photo credit: 
Tokeofthetown.com

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, Phoenix Health News Examiner

Ruth Ann Monti is a health writer and researcher. Her background spans lobbying, advocacy, consulting, and marketing/communications. She is the founder of TimeStorm Communications, which provides communications, Web, and SEO services for entrepreneurs and small business. She lives with her son...

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