Pubdate: Sat, 14 Jan 2012
Source: Arizona Daily Sun (AZ)
Copyright: 2012 Arizona Daily Sun
Contact: http://news.azdailysun.com/opinion/letter_submit.cfm
Website: http://www.azdailysun.com/
Details: http://www.mapinc.org/media/1906
Author: Howard Fischer

BREWER RELENTS ON POT LICENSES

PHOENIX -- Gov. Jan Brewer agreed Friday to finally let the state 
issue licenses to operate medical marijuana dispensaries -- but not 
immediately.

Brewer said she will not pursue a lawsuit seeking a ruling of whether 
state employees who process those applications can be prosecuted 
under federal drug laws. A judge threw out that lawsuit last month as 
legally flawed but gave the governor a chance to fix the problems and 
refile it.

That, Brewer said, will not happen.

"I have directed the Arizona Department of Health Services to begin 
accepting and processing dispensary applications," Brewer said.

But Brewer said no license will actually be issued until a state 
judge, hearing a separate lawsuit, determines the legality of the 
rules enacted by the health department restricting who can operate a 
dispensary are legal.

That could take a while: An attorney who represents those challenging 
the rules said Friday he will not drop the case, even if that would 
expedite dispensary licenses finally being issued. And whoever loses 
at the trial court is likely to appeal.

But Joe Yuhas, spokesman for the Arizona Medical Marijuana 
Association, said Friday's action is still a victory for those who 
convinced voters in 2010 to approve a medical marijuana law.

That law allows those with certain specified medical conditions to 
get a recommendation from a doctor that they use marijuana. That 
recommendation entitles the person to obtain a card from the health 
department allowing them to obtain up to 2 1/2 ounces of marijuana 
every two weeks.

So far the health department has issued nearly 18,000 such cards.

The law also envisions about 125 state-regulated nonprofit 
dispensaries where those with the cards could get their drugs.

Brewer, however, blocked state health officials from even accepting 
applications. That came after Dennis Burke, who was the U.S. Attorney 
for Arizona, refused to provide assurances that state workers who 
process those forms would not be prosecuted under federal laws which 
make it a crime to facilitate someone else getting marijuana.

The governor then filed suit in federal court asking Judge Susan 
Bolton to rule whether there is immunity.

Last month, though, Bolton tossed the lawsuit, saying the court was 
not in the business of issuing advisory opinions. She also said there 
was no evidence anyone would be prosecuted, pointing out that no 
federal prosecutor in any state with a medical marijuana law had 
brought charges against any public employee for processing paperwork.

Bolton gave Brewer a chance to refile the case. But gubernatorial 
press aide Matthew Benson said that made no sense.

"At this point, from the governor's perspective, we've kind of 
reached the end of the line in terms of legal remedies," he said. 
Benson said it makes more sense to just let the law take effect as 
enacted by voters.

Brewer stressed, though, she would pull the plug "if I receive 
indication that state employees face prosecution due to their duties 
in administering this law."

That still leaves the remaining lawsuit filed filed on behalf of some 
would-be dispensary operators who found the rules locked them out of 
the process.

One of those rules requires applicants to have been an Arizona 
resident for at least three years. Another says only people who have 
filed a state tax return for the last three years can run a dispensary.

Attorney Ty Taber said nothing in the voter-approved measure gave 
state Health Director Will Humble the power to enact such restrictions.

"Every person, whether they live in Arizona or come from outside of 
Arizona, whether they paid taxes here or somewhere else, has a right 
to come here and apply and be treated fairly based on their 
application," Taber said.

Yuhas, however, said such a restriction is reasonable.

"We didn't want to make the mistakes of other states," he said, where 
their medical marijuana programs have few limits and there have been 
abuses. For that reason, Yuhas said, there is good reason to keep 
those who are running dispensaries in other states from coming here.

The rules also disfavor giving a license to anyone who has an overdue 
fine, unpaid child support or is not current on a student loan.
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MAP posted-by: Jay Bergstrom