Arizona vs The United States of America
Arizona Governor Janice K. Brewer has filed a lawsuit (Complaint for Declaratory Judgment) in the United States District Court in the state of Arizona with the following prayer for relief:
WHEREFORE, Plaintiffs respectfully request a declaratory judgment as follows:
A. The Court declare the respective rights and duties of the Plaintiffs and the Defendants regarding the validity, enforceability, and implementation of the AMMA (Arizona Medical Marijuana Act).
B. The Court determine whether strict compliance and participation in the AMMA provides a safe harbor from federal prosecution.
C. The Court grant such other and further relief as it deems appropriate and proper.
The Arizona Department of Health Services has suspended the dispensary application process that was scheduled to begin on June 1st and last for 30 days. We are now in a holding pattern to determine which steps can be taken next by stakeholders in Arizona outside of the defendants named in the lawsuit.
These are the Plaintiffs:
- STATE OF ARIZONA
- JANICE K. BREWER, Governor of the State of Arizona, in her Official Capacity
- WILL HUMBLE, Director of the Arizona Department of Health Services, in his Official Capacity
- ROBERT C. HALLIDAY, Director of the Arizona Department of Public Safety, in his Official Capacity
These are the Defendants:
- UNITED STATES OF AMERICA
- UNITED STATES DEPARTMENT OF JUSTICE
- ERIC H. HOLDER, JR., Attorney General of the United States of America, in his Official Capacity
- DENNIS K. BURKE, United States Attorney for the District of Arizona, in his Official Capacity
- ARIZONA ASSOCIATION OF DISPENSARY PROFESSIONALS, INC., an Arizona corporation
- JOSHUA LEVINE
- PAULA PENNYPACKER
- DR. NICHOLAS FLORES
- JANE CHRISTENSEN
- PAULA POLLOCK
- SERENITY ARIZONA, INC., an Arizona nonprofit corporation
- HOLISTIC HEALTH MANAGEMENT, INC., an Arizona nonprofit corporation
- JEFF SILVA
- ARIZONA MEDICAL MARIJUANA ASSOCIATION
- DOES I-X (fictitious names because their true names and capacities are unknown)
- DOES XI-XX (fictitious names because their true names and capacities are unknown)
This is the statement from the Arizona Department of Health Services:
The Attorney General filed for declaratory judgment in federal court about the legality of the Arizona Medical Marijuana Act and our Rules. Because of the court filing and legal advice from the Attorney General, ADHS won’t accept dispensary applications in June. However, we will continue to process applications for Patient and Caregiver cards.
As of May 24th, 3,696 patients have been approved by the Arizona DHS as Qualifying Patients.
The Arizona Department of Health Services’ Directors blog posted a statement on May 28th at 12:30 AM.
You can see the full text of the complaint here:
Complaint for Declaratory Judgment
These are the facts as of this moment. We will keep you updated regarding the implementation of the Arizona Medical Marijuana Act as new developments arise.
UPDATE: This is patent 6,630,507 granted to the United States Department of Health & Human Services stating that cannabinoids are useful as antioxidants and neuroprotectants. The Controlled Substances Act states that cannabis has no medicinal value.
Robert Hempaz, PhD. Trichometry™
334 days ago
RE: Brewer, et al. v Eric Holder y Los Estados Unidos de America. Not a bad stoppage in play if you think about the implications of defending against a US Federal intervention. Taking a clone from California to Arizona, for example, would constitute ‘interstate’ commerce, and thereby inflict the full weight of Schedule I upon the unsuspecting transitor. Ditto for the transport of seeds from one state to another, let alone from one country to another (ie. USA). Now, why not petition the world court for redress? After all, the Netherlands has become the repository of choice for cannabis achene genetics and the manifestation of advances made upon OUR cannabis strains that have lead to such powerfully medicinal accessions. Lead, follow, or ‘get out of the way’…either way you slice it, the pendulum is now swinging ‘left’ and the hypocritical self-righteous ‘right’ is going to have to learn how to ‘play ball’ with the newfound ‘people’ power of the Medical Marijuana Initiative (MMI).-Robert Hempaz, PhD. Trichometry™
BongBong
320 days ago
well said love u brother keep up the good work
Bob L Liles
276 days ago
I have gotta say this…becasue “I” still call a ‘spade’ a spade!!!
You are flat out WRONG about the “right-wing” being the ‘only’ ones having anything to do with this f-ing drug war! The Lib-Lefties are the ones ‘choosing’ to keep this ratty ass ‘druig’ war going! By doing so they can just keep on SPENDING on idiocy like arresting folks for pot and jailing or putting them in prison! Also, even MORE $$$ will be blown on so-called “Programs” to HELP people stop smoking pot! I personally do not know of any pot smoker, legal or otherwise that would be ‘willing’ to use those stupid programs. The Dems/Reps have only ‘one’ job to do ‘on’ the American people…extract as much wealth as possible from our own citizens to use for ‘their’ own personal programs which make them look like they are heroes! Bull!
Marijuana should never have been ‘proclained’ illegal for ‘any’ reason! It has been used for fabric, clothing, ropes, medicine for literally thousands of years. If you ‘think’ I am wrong just look at our White House rat turning his back on us! ‘O’ knows all these things!
“I” am totally sick and tired of both ‘parties’ making excuses for the dog! If, you truly do believe there is zero “colusion” between the two “opposing” parties running our nation…then, you have over looked exactly what is expected to be over looked by both political parties…
I am a card carrying MMJ Patient! I have every right to speak about this bs. I am a ‘so-called’ Right-winger because the libs have succeeded in splitting apart the citizens of the US using a ploy with our politics making one side the ‘bad’ guys and the other side the ‘good’ guys??? WTF! WE are ALL Americans! Stop this bull!
The dems/repubs are just the ones “playing” the good cop/bad cop routines. They are not for real, unless, ‘they’ can benefit from introducing a bill to Congress to aid their political career.. “I” am NOT a Republican or Democrat. I used to be a Democrat until the last true Democratic President, which STOOD FOR THE USA AND OUR WAY OF LIFE and culture AND MADE “ZERO” EXCUSES OR APOLOGIES FOR THE WAY KENNEDY BELIEVED!
And, the “Tea Party” is RIGHT!
AZ Dispense
276 days ago
This is not the best place for political commentary, but in Arizona the individuals on the right are holding up the implementation of the AMMA.