Horne, Montgomery file motions against medical marijuana law

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By Jennifer Thomas By Jennifer Thomas

PHOENIX -- Attorney General Tom Horne and Maricopa County Attorney Bill Montgomery took action Thursday against the Arizona Medical Marijuana Act.

Both Horne and Montgomery each filed separate motions for summary judgment in Superior Court seeking to make Arizona’s medical marijuana law illegal because it conflicts with federal law.

Thursday’s motions were in response to a lawsuit filed by the White Mountain Health Center back in June.

The White Mountain Health Center sued Maricopa County and the Arizona Department of Health Services after the County refused to issue the proper zoning permits that would allow the Center to operate a non-profit medical marijuana dispensary and cultivation site in Sun City.

“It is the County’s position that the AMMA is in direct violation of the federal Controlled Substances Act and therefore cannot be implemented without exposing County employees to the risk of federal prosecution,” said Montgomery.

Horne added that recent cases in both California and Oregon dictate that states can’t authorize what federal law prohibits.

“These rulings stem from Article Six of the U.S. Constitution, which, in case of conflict gives supremacy to federal law. Therefore, state authorization for growing or selling marijuana is prohibited under federal law and we are therefore asking the court to dismiss the Plaintiff’s complaint,” stated Horne.