Arizona DHS Director served with lawsuit

June 15, 2011 1 Comment by Arizona Dispense

Lawsuit filed in Court of Appeals

The lawsuit seeking a Writ of Mandamus has been filed against the Arizona Department of Health Services in the Arizona Court of Appeals (Case # 1 CA-SA11-0161).  The primary purpose of the lawsuit is to begin implementing the dispensary application process immediately based on the final rules filed by the Arizona Department of Health Services with the Arizona Secretary of State on April 14, 2011.

These are the plaintiffs:

  • O.F.&C. dba The Virtue Center

  • Elements Therapeutic Dispensary
  • Arizona Dispensary Solutions
  • Protect Arizona Patients
  • Heather Torgerson (patient)
  • Stephen Johnson (patient)
  • John and Jane Doe I-X (currently unnamed)
  • Black  CorporationS I-X (currently unnamed)
Using a strong legal strategy, a well-crafted petition, and an experienced litigator representing us, attorney David Dow was able to get the case filed first thing yesterday morning in the Court of Appeals.  Fortunately, the case was taken directly to the judge who reviewed the case and agreed to process it and to accept it in the court.  We were assigned three moderate judges and a hearing date the morning of July 12th, so mark your calendars.  Will Humble, Director of AZ DHS, acknowledged being served with our lawsuit on his blog last night.

Will Humble Blog Post

Also, there was a case filed by the Rose Law Firm yesterday in the Maricopa County Superior Court.  To our knowledge, Will Humble and AZ DHS have not yet been served with that lawsuit. Releases have been sent to all the major news organizations letting them know that an expedited petition has been filed in the Court of Appeals.  Coverage has already begun.

We will be doing a technical amendment to the petition within the next few days, so if we have other petitioners who want to join in the action, please let us know asap.  

For those of you who have not yet seen it, the ultimatum letter from Carolyn Short to Will Humble dated February 16th 2011 is also an interesting read as it indicates a threatening tone towards a public official by the leader of Keep AZ Drug Free, the losing anti-Proposition 203 campaign.

Carolyn Short email

We will continue to keep you updated regarding the medical marijuana industry in Arizona.

Protect Arizona Patients

This lawsuit is being supported by Protect Arizona Patients.  Protect Arizona Patients is a ‘first responder’ non-profit organization designed for the sole purpose of creating an entity to provide an immediate and decisive response to any adverse actions taken against the Arizona medical marijuana industry. The organization fully supports the efforts of national organizations whose mission is to proactively advance the interests of the MMJ industry on an ongoing basis.  Supporters of a strong & regulated medical marijuana industry are encouraged to contribute to the effort.

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