Tag Archives: decriminalize

Governor Jan Brewer’s Lawsuit Against Medical-Marijuana Law Dismissed by Federal Judge

Phoenix New Times:

A federal judge today tossed Governor Jan Brewer’s lawsuit against the state’s Medical Marijuana Act, saying in her ruling that the state’s complaint wasn’t ripe.

U.S. District Judge Susan Bolton dismissed the case without prejudice and invited the state to file an amended complaint to correct the flaws in their argument. However, Brewer and state Attorney General Tom Horne have made it clear they’re loathe to do what Bolton asks: Pick a side for or against the law.

Brewer and Horne both opposed Prop 203 before it was passed narrowly by voters in November of 2010, but they didn’t want to be perceived as attacking their own state’s law. So, they tried to have it both ways with a lawsuit that asked the federal court whether the medical pot was legal, yet didn’t state their opposition to the law.

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Marijuana Reclassification Request

CNN.com:

Medical marijuana advocates are hoping state governments can succeed where their efforts have failed by asking federal authorities to reclassify pot as a drug with medical use.

Shortly before Christmas, Colorado became the fourth state to ask the U.S. Drug Enforcement Administration to reclassify marijuana as a narcotic in the same league as heavyweight painkillers including oxycodone. The governors of Washington and Rhode Island filed a formal petition with the agency in November, and Vermont signed onto that request shortly afterward.

All four are among the sixteen states and the District of Columbia that have laws on the books that allow the medical use of marijuana, even though the drug remains illegal under federal law. Meanwhile, federal authorities have asserted their power by raiding dispensaries in states including California and Washington.

Supporters say the public is on their side, and the state requests show the feds are increasingly isolated on the issue. But they acknowledge it’s still an uphill battle.

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