Pubdate: Fri, 27 May 2011
Source: Arizona Daily Star (Tucson, AZ)
Copyright: 2011 Arizona Daily Star
Contact:  http://www.azstarnet.com/
Details: http://www.mapinc.org/media/23
Author: Howard Fischer
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

Horne Says Suit Seeking Guidance on Prosecution Risks Is Only Logical

POT LETTER MISREAD, SAYS US ATTORNEY

PHOENIX - The top federal prosecutor in Arizona said Gov. Jan Brewer 
and Attorney General Tom Horne are distorting the facts on the issue 
of medical marijuana, and the risk of federal prosecution of state workers.

Brewer and Horne announced earlier this week they will file suit, 
based on concerns about a letter from Dennis Burke, the U.S. attorney 
for Arizona, which they say suggests state employees who process 
permits under the voter-approved law could be charged with violating 
the federal Controlled Substances Act.

The pair said their concern is protecting state workers and others 
involved with medical marijuana, and is not a reflection of their 
opposition to the initiative.

Brewer said Burke's letter to Health Director Will Humble earlier 
this month warned that compliance with Arizona's new medical 
marijuana law does not immunize anyone from federal prosecution.

The yet-to-be-filed lawsuit is expected to ask a federal judge to 
determine what legal protections, if any, Arizona's voter-approved 
law provides.

Burke said his letter simply spelled out the priorities his office 
has in going after those who sell, transport or use marijuana, and 
never mentioned state workers. The point his letter made is that he 
would not prioritize going after patients who use medical marijuana 
under Arizona law, Burke said.

Gubernatorial press aide Matthew Benson conceded that Burke never 
mentions state workers, but said just because Burke didn't say it 
doesn't mean state workers have nothing to fear.

Horne likewise responded that Burke's not specifically mentioning 
state employees did not mean they are not at that risk.

Burke's position that compliance with the state medical marijuana law 
is no protection from federal prosecution, Horne said, leads to the 
logical conclusion that state employees could be at risk by issuing 
permits to let people grow, sell or possess marijuana, which could be 
seen as "facilitating" the distribution of the drug.

Burke said if there was any confusion, Brewer and Horne could have 
called him or written back for clarification instead of grandstanding 
at a press conference and filing a lawsuit.

He said a suit asking a judge to rule Arizonans can ignore federal 
drug laws is a waste. "A federal judge isn't going to tell a U.S. 
attorney what he can and can't enforce," Burke said.

And Burke pointed out that Humble, whose department is charged with 
implementing the law, was not alarmed by the May 2 letter, or worried 
about how it would affect his staffers who are processing the permits 
for those who want to use marijuana as well as those who want to 
operate dispensaries or even cultivate the drug.

Humble continues to have his employees issue permits for marijuana users.

In a separate development Thursday, Maricopa County Attorney Bill 
Montgomery advised county supervisors to stop doing anything to 
implement the law until the conflict with federal laws is resolved. 
The county must approve zoning and use permits for marijuana facilities.

Amelia Cramer, the chief deputy Pima County attorney, said her office 
has not been asked for an opinion on the law and how it affects county workers.
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MAP posted-by: Jay Bergstrom