Litigation

Federal Judge Dismisses Arizona Governor's Challenge to Her Own State's Medical Marijuana Law

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Yesterday a federal judge dismissed Arizona Gov. Jan Brewer's legal challenge to her own state's medical marijuana law, saying she had offered "no credible evidence" that her underlings would be at risk of federal prosecution for executing the law. Brewer has been blocking implementation of the provisions allowing state-licensed dispensaries since May, ostensibly because she is worried about the potential legal exposure of state regulators, although Arizona's U.S. attorney has said he has no intention of prosecuting them. Brewer, an avowed champion of the 10th Amendment and the state autonomy it guarantees, initially claimed she was merely seeking clarification of whether the medical marijuana law is pre-empted by the Controlled Substances Act, but last month she dropped that pretense and asked U.S. District Judge Susan Bolton to rule that it is. Both the American Civil Liberties Union and the Justice Department urged Bolton to dismiss Brewer's suit. In yesterday's decision, Bolton agreed that Brewer had failed to state a claim:

Plaintiffs do not challenge any specific action taken by any defendant. Plaintiffs also do not describe any actions by state employees that were in violation of [the Controlled Substances Act] or any threat of prosecution for any reason by federal officials. These issues, as presented, are not appropriate for judicial review….

The Complaint does not detail any history of prosecution of state employees for participation in state medical marijuana licensing schemes….The Complaint fails to establish that Plaintiffs are subject to a genuine threat of imminent prosecution and consequently, the Complaint does not meet the constitutional requirements for ripeness. 

Brewer, who spoke against the medical marijuana law before voters approved it last November, says she has not decided yet whether to appeal Bolton's decision.

[via the Drug War Chronicle]

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  1. linking images from The Faces Of Meth is pretty rude.

  2. “Arizona’s U.S. attorney has said he has no intention of prosecuting them”

    How good of you, federale! How good of you!

    1. But can he indefinitely detain them on order of Obama?

  3. …that her underlings would be at risk of federal prosecution for executing the law.

    Is her fake reason all that implausible?

  4. Looks like someone’s spent too much time in the Arizona sun.

  5. Jesus Christ! Its called sun block. Don’t you people in Arizona have it?

  6. Brewer, who spoke against the medical marijuana law before voters approved it last November, says she has not decided yet whether to appeal Bolton’s decision.

    This bitch is hellbent on getting her way. What this really means is that she’s debating between appealing and finding another way to dismantle the law.

    1. She’s hellbent for leather… skin that is.

    2. Of course she’ll appeal. It’s not her own money being spent.

  7. she had offered “no credible evidence” that her underlings would be at risk of federal prosecution for executing the law

    ** meekly raises hand **

  8. She knows the danger of smoking to healthy-looking skin. See that pic? That bitch is 28 yrs old!

    But really, both TEAM RED and TEAM BLUE have an ardent belief in democracy…until the proles vote wrong, and then they have to be smacked down. Can’t trust The People? to make the right decisions when it comes to existential galaxy-destroying evils like MJ.

    1. If you people were stupid enough to elect us then obviously you can’t be trusted to make the right decision.

      1. That is the best reasoning I have ever heard for this.

        1. are you scottish?

          1. Oddly enough my paternal ancestry is 100% Scottish, thank you for noticing.

    2. But really, both TEAM RED and TEAM BLUE have an ardent belief in democracy…

      And it’s interesting how ways the proles can vote wrong.

      In AZ,TEAM RED is upset that they voted form medical MJ and in CA, TEAM BLUE is upset that they voted against gay marriage.

      Actually, in fairness, it seems that plenty of Republicans opposed Prop 8 while plenty of Democrats supported it. And, I’d bet AZ’s MMJ law didn’t get through without Republican voters. But that doesn’t help the narrative.

  9. The judge is merely pointing out that agents of the Total State do not turn on each other, and that this is a far better guarantee against prosecution that piddling concerns about whether a law was violated or not.

    Who can argue with that?

  10. The people have spoken…the bastards.

  11. That pic of Brewer looks like Terence Stamp in drag in “Priscilla: Queen of the Desert.”
    http://www.poptower.com/terenc…..-44758.htm

    1. She wishes.

    2. http://img835.imageshack.us/img835/7393/157j.jpg

      I like DYAC pictures more than those of methheads

  12. Consent of the governed, indeed.

    1. If you don’t consent you are a terrorist.

      1. Would you like a job?

  13. The people have already spoken on this back in 2010.

    Jan needs to go back to the one and only thing that got her elected to a full term as governor- Harassing Hispanics

    1. Ain’t them marijuana smoking Mexicans the reason we made pot illegal in the first place? She just wants all the tools available to do what you said.

      1. I thought it was those ‘coloreds’ with big lips, luring white women with jazz music and marijuana.

  14. Her skin is so leathery her face looks like it could be used as a purse.

    Anyone up for a “her skin is so leathery…” joke contest?

    Mine wasn’t very good, so I’m sure someone could do way better.

    1. My pug has fewer wrinkles.

    2. She looks like the state reptile.

    3. “Hey lady! Ever heard of botox?”

    4. Yet, oddly, as she has aged, her labia is now as smooth as a pine thrush egg.

      1. You know you have forever scarred many Skyrim players (of which I am not one, a player that is, though I am scarred by that mental image fuck you very much).

        1. Not a Skyrim player, yet you knew what a pine thrush egg was? Suuure.

          1. google auto-complete

          2. I figure if you post something like that and I don’t get it, that it has some pop culture significance. So I google it.
            “pine thr” auto-completes to “pine thrush egg skyrim”.
            Pretty nifty, eh?

            1. Foiled by google again! *shaken fist*

  15. Pam Reed, ultrarunning legend and Arizonan.
    http://www.tahoedailytribune.c…..0&MaxH=300

  16. Gotta just love those Federal Kangaroo COurt Judges lol.

    http://www.Privacy-Pros.tk

  17. legalize it already!!! x-]

  18. Brewer will lose this expensive legal battle. According to the Arizona Voter Protection Act portion of the Arizona Constituti?on the governor does not have the authority to veto a voter passed initiative nor can she or the legislatur?e change the act without a 3/4 vote of the legislatur?e. Ms Brewer is vested with the supreme executive power of Arizona and is responsibl?e for the faithful execution of ALL laws, including the Arizona Medical Marijuana Act. The Governor’s complaint was an attempted line item veto, an attempt to deny the will of the people as expressed in a part of an initiative they passed.

    Read Judge Bolton’s entire 11 page letter. The evidence does not exist that the threat to state workers is real. This bogus action in federal court by the governor and attorney general apparently involve a threat that none of the rest of us can see. What is becomming very clear is that the governor and attorney general respect only the laws that compel the rest of us to act but they have no desire to obey laws that compel them to act. Brewer and Horne need to stop using our tax money to defeat a law that we, the voters, have passed.

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