Thursday, January 5, 2012
A federal judge has thrown out Arizona Gov. Jan's lawsuit over the state's medical marijuana program.
Back in May, the governor, who had ordered the state Department of Health Services not to issue dispensary licenses as required by the state law passed by voters in 2010, asked the court to decide whether the state MMJ Act offers a safe harbor from prosecution under the federal Controlled Substances Act. Then a group of folks including the Arizona Association of Dispensary Professionals, the Arizona Medical Marijuana Association, the United States Department of Justice and the United States of America asked the judge to toss the lawsuit.
In the Jan. 4 rejection, Judge Susan Bolton says her court has no jurisdiction to decide the case and that the issues, as presented, aren't "appropriate for judicial review."
Now, you would think Arizona Attorney General Tom Horne, who incidentally until recently was responsible for the collective education of our state's children, would know what was appropriate for judicial review in federal court. I think he does know. I do not believe, contrary to appearances, that he is retarded. I think he is smart. Educated even. I believe the governor is likewise not retarded and similarly educated.
So rather than believe Tom Horne and Jan Brewer are retarded, I choose to believe they are devious, sinister political operatives who knew going in that their lawsuit was a crock of shit and that they had no real legal standing. They knew it had no precedent and that the federal government had never threatened prosecution of state employees working in the MMJ program.
So it seems likely that since they knew going in that the case had no standing, they will not change their stance now just because a judge confirmed what they already knew. Judge Bolton gave the great State of Arizona, Jan Brewer and the other plaintiffs 30 days to amend their complaint. Surely, they will.
Hurry up and wait.