Arizona vs The United States of America

May 28, 2011 4 Comments by Arizona Dispense

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.

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