Judge tosses lawsuit against Arizona’s medical marijuana law

By Eric W. Dolan
Wednesday, January 4, 2012

A federal judge on Wednesday dismissed a lawsuit challenging the legalization of medical marijuana in Arizona.

Arizona Gov. Jan Brewer filed a lawsuit against her own state’s medical marijuana law in May. She claimed that state employees could be in jeopardy because the state law conflicts with federal laws, despite Arizona’s former top federal prosecutor saying publicly the federal government has “no intention of targeting or going after people who are implementing or who are in compliance with state law.”

“It is unconscionable for Governor Brewer to continue to force very sick people to needlessly suffer by stripping them of the legal avenue through which to obtain their vital medicine,” said Ezekiel Edwards of the American Civil Liberties Union, which had urged the dismissal of the lawsuit.

“Today’s ruling underscores the need for state officials to stop playing politics and implement the law as approved by a majority of Arizona voters so that thousands of patients can access the medicine their doctors believe is most effective for them.”

U.S. District Court Judge Susan R. Bolton held there was no genuine threat of federal prosecution of state officials who carry out the law, which was passed by a majority of Arizona voters in 2010.