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.

She did.

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.

This article appears in Jan 5-11, 2012.

More fun than FarmVille, more interesting than that Facebook friend you don't really remember from high school.

7 replies on “Judge Tells Gov. Jan, ‘Talk To The Hand.’”

  1. This Judge needs to talk to her own hand.She is a dip stick. For a judge.
    she needs to step down. Since she one for the no green card people that cross the
    border the wrong way. Come into the states to take jobs a way from the people that lived here first.
    Stay on your side of the border.And get a job.

  3. You might want to think about using a different word besides “retarded.” Many people take offense to it. I understand this is a blog, but the MMJ community could use a more respectful representative. Thanks.

  4. I’m sorry, but I am not a representative of the MMJ community and have never intended or tried to be. I am an intimately involved observer. I mean no disrespect in hinting that Jan Brewer and Tom Horne’s legal maneuvers might make them seem retarded. I could have called them imbeciles or morons or idiots, but those terms were offense even before retarded. In fact, that’s WHY we have the word retarded – to replace the offensive words idiot, moron and imbecile. Look for my column next week, which is about what we call things 😉

  5. I don’t know Horne’s level of education, I’ll bet some college, maybe even an LLB, but Brewer,omg, has a GED, please, our governor?

  6. Brewer & Horne seem to want things the way they want them. They have wasted money fighting the peoples will.
    These people are completely out of their minds with the delusion of grandeur.
    That’s the nicest way I can put it.

  7. The prohibition of Earth’s single most beneficial plant species is a crime against humanity.

    To keep Cannabis illegal while tobacco and alcohol are dispensed freely would be *MURDEROUSLY STUPID*.

    “Sir William Brooke O’Shaughnessy”…”Jack Herer”…”Tashkin Study”…”Storm Crow’s List”

    Any questions?

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