Pubdate: Thu, 05 Jan 2012
Source: Tucson Weekly (AZ)
Copyright: 2012 Tucson Weekly
Contact:  http://www.tucsonweekly.com/
Details: http://www.mapinc.org/media/462
Author: J M Smith

JUDGE TELLS GOV. JAN, 'TALK TO THE HAND.'

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 
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MAP posted-by: Jo-D