Bill Montgomery is at it again. This time the wayward Maricopa County attorney is going after Arizona’s medical marijuana program in the court of law.
The Arizona Court of Appeals decided last week that even though marijuana may still be illegal federally, that doesn’t allow state officials to hinder citizens lawfully participating in the state’s medical marijuana program.
The case came about when Montgomery ordered Maricopa County officials to deny a zoning request by White Mountain Health Center, a Sun City dispensary. He said that by granting the certification the county would violate federal law by participating in federally unlawful acts.
Montgomery claimed his stance was rooted in the belief that federal law supersedes state law. Turns out, it doesn’t.
Let’s give a hand to Judge Donn Kessler for shredding Montgomery’s argument at every turn. Kessler’s first point was that the Controlled Substances Act doesn’t actually prohibit states from having their own independent drug laws.
According to Kessler, nothing in the Arizona law keeps the federal government from choosing to enforce the federal law, so there’s no conflict.
Kessler also said that simply granting the zoning certification in no way constitutes aiding and abetting as Montgomery seems to understand it. Anything short of selling marijuana directly to patients is enough to absolve the county of that sin.
Finally, Kessler raised a point that the Department of Justice is also federally prohibited from using its funds to prosecute any of the states’ medical marijuana programs, leaving the federal government toothless against marijuana.
Kudos, Kessler.
But that’s not going to keep Montgomery from continuing his crusade. He says he intends to appeal to the state Supreme Court.
Any other ruling would essentially be an admission by the state that it’s violating federal law, which would put Arizona, as well as other states, in an awkward position.
We get it, Bill; you’re worried about the children, God doesn’t want us to smoke pot, and maybe some of those campaign propaganda lies actually stuck in your head. But what’s the point?
Half of Maricopa County residents support marijuana legalization and nearly half of them voted for Prop 205. It’s what your constituents want, at least the ones that are going to inherit this country.
Medical marijuana is legal in 28 states, now, with more coming through every election cycle. If the federal government were going to enforce prohibition, it probably would have done so by now.
Perhaps you’re hoping to get out ahead of the new administration and get a smiley face sticker from incoming Attorney General Jeff Sessions, but isn’t it time to start looking forward and be a part of a more responsible, marijuana-induced society?
In the end, we really should be thanking you.
Not for carrying the torch of a failed, decades-long war on drugs, not for burning through taxpayer dollars on a pointless lawsuit faster than Willie Nelson burns through his morning joints, but for showing us all that marijuana has some legitimate standing in our legal system, which is a crucial step towards ending prohibition.
This article appears in Dec 29, 2016 – Jan 4, 2017.
Thanks Nick; Informative story good representation of part of the motivation of Bill Montgomery. His voter base is Sun City and Kathy Inman ( Mom Force Arizona) delivers votes.
This atrocity of proposed initiative called prop 205 was a back door to revamp all the constitution’s protections citizens now have.
Both Montgomery and JP Holyoak want to, and need to dismantle the Medical Marijuana in order to increase selling their message.
Which is the same message just repackaged. Both are selling they can tackle illegal activity, children access, regulated control. In order to do this they both need the elimination of Medical Marijuana.
With the elimination of medical marijuana we need more laws, more police, and funding for them, streamlined court through administrative law throwing out protections now.
Either way Prop 205 would have delivered to both of them their wants and revenue vehicle.
Medical Marijuana and recreational are not the same. There will never be peace if keep going down this road.
You have to wonder how much money Corrections Corp of America (CCA) contributes to his campaign, as they are the biggest losers if marijuana is legalized.
Actually, the biggest losers would be the drug dealers on the streets. Their revenue would dry up in a heartbeat.
And with prop 205 more prisoners to the cell more money to pay them. More courts to convict, more peace officers to protect, more prisons to build more counseling to indoctrinate.
I doubt Meth Heroin, pill dealers bottom line will be affected if they can’t get pot they will get booze they just want to be high.
Over 40 years in construction and management of hundreds of men at a time I have seen the mode. Drug screens, safety people insurance mandates, visits and calls from parole probation and drug counselors, requests to monitor and take responsibility. yada yada yada.
To ponder for a minute put down the blunt the Discount tire guy. Discount Tire has 900 locations for instance they average 4 cars an hour with just 2 tires and open 10 hours thats 80 tires per location @ 900 locations thats 72,000 tires a day or 432,000 a week.
So just think out of a possible half a million tires installed weekly. just how hard it would bring to suit against Discount saying the tires were installed improperly because the by a stoned guy ? As of now a Medical Marijuana Card holder is precluded from taking a job such as installing tires. This is a protection he would like to keep a million spent and tax deductable is cheap.
We have a legislature problem and a halftime penance paid to representative only allow the rich to sit at the table. Others groble to work from crappy appointments.
There is really only one side for marijuana to come down on if legalized. Continuation of the stigma of being a druggy all drugs are associated heroin, meth, marijuana, that spice stuff. That would be the result of 205
I think Nick Meyers is an excellent writer. His points are constructed well and his use of sarcasm is entertaining and not over the top. His articles present good arguments in favor of medical marijuana. Great job, son….
How about an article on taxed pot vs. the black market. My understanding is that here in WA there is still a thriving black market for pot because it is less expensive than the state government sanctioned product. How about researching that and addressing w corvi’s response above?
And, from my perspective, I voted for legalizing marijuana for recreational use in Washington. My thought was if someone wants to get high in the privacy of their own home, go ahead. The problem is people get high where they want. The Seattle City Attorney is a regular pot user and publicly announced he would not prosecute any police citation for public marijuana use. So, nearly every where you go in downtown Seattle – there’s a familiar odor in the air – walk out of a restaurant – pot; walk out of a Seahawk game – pot; leave a concert at Key Arena – pot. At least here in Seattle, it’s gone a bit too far.
Allan thanks for the rebuttal, I go to WA frequently as well as OR. I have a Medical card for WA. I stay in Snoqualmie go to Medical dispensaries there as well.
The difference is between 205 and the way WA incorporated the legalization process. This was 2 completely different government regulations completely Arizona was not even close to the way Washington did theirs or Oregon Or California or Colorado.
As far as WA goes I usually stay on the eastside of Seattle, Bellevue Issaquah. Ask any dispensary owner the tax rate imposed with excise considered is 45%. With a higher state mandated minimum wage and income tax. The retail Prices are considerably cheaper than the medical in Arizona ? ( can you say price fixing )
I do appreciate from other state talking about legalization in their state. The compassion they had to get there and then to feel others can enjoy freedom restricted to others. The first thing other states did was to decriminalize. Arizona wanted in prop 205 to keep all the criminal laws attributed but have an agreed to plea bargain to commit a limited crime. THAT IS JUST PLAIN UGLY TO THE EXTREME.
In doing so marijuana is still over policed prosecuted counseled legal represented, property seized, marketed, still vilified for profit. So if other states want to look at Arizona dont look at the costume called legalization. Look under mask at the obscene monster that could have been birthed with a voracious appetite called the “Department of Marijuana License and controls”
Simply put Marijuana does not constitute its own governmental department. It is just not that important. Prop 205 said it was so important it needs to build it own separate government with police powers even more autonomous than the Indian Reservations.