Pubdate: Sat, 26 Jan 2013 Source: Arizona Republic (Phoenix, AZ) Copyright: 2013 The Arizona Republic Contact: http://www.azcentral.com/arizonarepublic/opinions/sendaletter.html Website: http://www.azcentral.com/arizonarepublic/ Details: http://www.mapinc.org/media/24 Author: Yvonne Wingett Sanchez HIGH COURT PETITIONED IN MEDICAL-POT CASE Maricopa County Attorney Bill Montgomery is petitioning the Arizona Supreme Court to bypass the appellate court and hear his arguments on a high profile medical-marijuana case. The case centers on whether the Arizona Medical Marijuana Act is preempted by federal law. A Maricopa County Superior Court in December ruled that federal drug laws do not pre-empt the state's medical-marijuana program and that public officials must implement the voter-mandated law. In his petition, filed Friday, Montgomery stressed the importance of quickly resolving whether that ruling should stand. "The issue presented - whether the Arizona Medical Marijuana Act is preempted by the federal Controlled Substances Act - is an important issue of statewide impact," the petition says. Voters approved the state's medical marijuana law in 2010. More than 33,000 people have permission to use medical marijuana in Arizona. State health officials in August selected nearly 100 dispensary owners who are authorized to sell and grow marijuana if they meet state regulations. In his ruling, Maricopa County Superior Court Judge Michael Gordon made it clear that marijuana is illegal under federal law, but he wrote that the U.S. Constitution allows Arizona to make different policy choices from the federal government when it comes to decriminalizing and regulating medical marijuana. The Arizona Medical Marijuana Act does not undermine the federal Controlled Substances Act, which makes possession, sale or use of marijuana a crime, he wrote. - --- MAP posted-by: Jo-D