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AZ Court of Appeals to Decide if AMMA Will Continue

Marijuana and Pursuit of Happiness

On November 27, 2013, the Arizona Court of Appeals will hear oral arguments on the issue of whether the Arizona Medical Marijuana Act (AMMA) is preempted, or blocked, by the Federal Controlled Substances Act, which (ignorantly) declares marijuana to be a Schedule 1 drug, just like heroin and LSD.

This appeal follows Maricopa County Superior Court Judge Michael Gordon’s December 3, 2012 ruling that the AMMA is valid, enforceable, and can exist simultaneously with the Federal Controlled Substances Act.

But Maricopa County Attorney Bill Montgomery and Arizona Attorney General Tom Horne have appealed Judge Gordon’s decision and are fighting to terminate the voter-approved AMMA.

This dispute originated when White Mountain Health Center, Inc. (at the time, a potential dispensary) of Sun City sued the Arizona Department of Health Services (ADHS), the Maricopa County Attorney’s Office and Bill Montgomery to block the ADHS from denying White Mountain Health Center’s application for a dispensary registration certificate. This was because Maricopa County would not declare in writing if unincorporated Maricopa County adopted any restrictions upon medical marijuana dispensaries, a requirement for the dispensary registration certificate.

Yet, Maricopa County Attorney Bill Montgomery and Arizona Attorney General Tom Horne have incessantly continued to spend taxpayer money trying to overturn the taxpayers’ voter-approved AMMA, instead of carrying out their jobs of fighting crimes.

If these men succeed with their appeal, the newly established Arizona medical marijuana industry would be abolished, leaving the over 40,000 unwell, medical marijuana patients‒who depend on medical marijuana’s natural medicinal benefits to improve the quality of their lives‒neglected.

Contact Maricopa County Attorney Bill Montgomery’s office and voice your opinion.

Contact Arizona Attorney General Tom Horne’s office and voice your opinion.



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