Arizona Appeals Court Guidelines That State Law Trumps Federal Ban on Cannabis


by  ireadculture | December 30, 2016

The Arizona Court of Appeals ruled lately that neighborhood officials can not use federal laws that outlaw or ban cannabis as a explanation to withhold progress on zoning adjustments for healthcare cannabis dispensaries, according to the Arizona Everyday Sun.  Rulings from Judge Donn Kessler on the case stated that Maricopa County Lawyer Bill Montgomery “had no legal basis to claim that federal law trumps the 2010 voter-authorized Arizona Healthcare Marijuana Act.”

The case stems back to the 2010 initiative, which offers individuals the option to apply to develop into registered with the state, and then can legally possess up to two-and-a-half ounces of cannabis each and every two weeks. For dispensaries, officials call for that the organizations be effectively zoned ahead of opening, and a single prospective cannabis company, White Mountain Well being, was seeking to open up in Sun City. Even so, Montgomery told these officials not to respond to the request, claiming that the opening of their organizations would be a violation of federal law.

Judge Kessler’s ruling stated that he has several difficulties with Montgomery’s argument, particularly when specifying that the Controlled Substances Act does not protect against states from developing and regulating their personal drug laws.

“Arizona, like all other states, has the energy to decriminalize particular acts and exempt particular actors for purposes of state law,” Kessler wrote in his statement. “The Arizona Healthcare Marijuana Act does not otherwise purport to shield any person or any act from federal prosecution.” He also talked about the 2015 federal provision that also keeps the U.S. Division of Justice from working with funds to preserve states like Arizona from generating its personal laws.


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