Arizona Republic:  “Two prospective medical marijuana dispensary owners sued the Arizona Department of Health Services and its director Tuesday in hopes of forcing the state to launch the stalled permit application process.  Serenity Arizona and Medzona Group had the property leases, zoning permits and capital to open up to six dispensaries across the state and planned to apply for permits this month.”

See “Marijuana-Dispensary Hopefuls Sue State Over Governor Brewer’s Attack on Voter-Approved Law.”

Two different lawsuits were filed today.  The Rose Law Group filed one and attorney David Dow filed the other with the Arizona Court of Appeals.

The following is from Will Humble’s blog:

Today I was served with a lawsuit that challenges the State (and the Department) for not implementing the dispensary portion of the Arizona Medical Marijuana Act. The case, filed in the AZ Court of Appeals, asks a judge to order us to follow the rules that we published on April 14 and begin accepting dispensary applications.

We worked very hard to implement the law until we received a letter from the U.S. Attorney in Arizona. That letter, dated May 2, states the Department of Justice will: “…continue to vigorously prosecute individuals and organizations that participate in activity…involving marijuana, even if such activities are permitted under state law.” “Individuals and organizations…that knowingly facilitate the actions of traffickers should also know that compliance with AMMA will not protect them from federal prosecution….”

With that information, the Governor and I (with the advice of attorneys) decided not to continue with full implementation of the Act until we receive clarification about whether it’s legal from the federal court. We’ve suspended the implementation of dispensary portions of the law and aren’t currently accepting any applications. As of today, we’ve had three groups try to apply for a dispensary certificate and we’ve turned them away.

We began accepting and processing applications for Qualifying Patients and Designated Caregivers several weeks ago and we’re still accepting and processing these applications. As of June 9th, we’ve approved more than 5,000 Patient and 126 Caregiver cards.”

Note that Mr. Humble failed to explain why he and Governor Brewer shut down only the dispensary component of Arizona’s medical marijuana law while allowing state employees to continue to risk federal prosecution by facilitating the growing and use of marijuana by thousands of patients and caregivers under Arizona’s medicl marijuana laws.

Arizona Republic Opinion by Dr. Elaine M. Burns:  “Confusion over the conflicts, both imagined and real, between Arizona’s voter-approved medical-marijuana law and federal law has been running rampant in recent weeks.  On one hand, the federal government has warned growers and sellers of the potential for prosecution while stating a hands-off policy toward  those who have been certified for use.  On the other hand, Arizona Gov. Jan Brewer and Attorney General Tom Horne have replied to U.S. Attorney for Arizona Dennis Burke’s warnings with yet another lawsuit, incurring more needless legal fees for Arizona  taxpayers and seriously delaying full implementation of the new law.”

Verde Independent:  “‘It is mostly attorneys and realtors who are scouting Cottonwood area sites for medical marijuana dispensaries,’ says Cottonwood long-range planner Charlie Scully, ‘rather than potential operators.’   Until Arizona Attorney General Tom Horne filed a suit on behalf of the state to test the voter’s Medical Marijuana initiative, Scully’s office had received a small flurry of requests for an appropriate zoning review.”

Arizona Republic:  “Medical-marijuana patients can be fired from their jobs in Washington state even if they use the drug only outside the workplace, the Washington Supreme Court ruled Thursday.”

Arizona Capitol Times:  “As a political reporter, covering medical marijuana has been pretty exciting. The well-coordinated effort that led to the narrowest victory for a ballot proposition in state history gave way to stories about the mechanics of implementing the law. There were stories to be told about how the Department of Health Services scrambled to write the program’s rules. Medical marijuana entrepreneurs looking to get into the blossoming industry that sprung from the transition of marijuana from a black to a white market felt like covering the Wild West. And all the while, marijuana has remained a contentious topic overall, providing the always sought conflict that underlies compelling journalism.”

Wall St. Journal:  “In what was once a pipe dream, medical-marijuana companies are courting private investors and even planning public stock sales.  In Colorado, a seed supplier is raising $500,000 in a private financing round. In California, hydroponic-equipment supplier GrowOp Technology Ltd. has raised $1 million privately, with plans to launch an initial public offering this fall. Los Angeles-based Medicine Dispensing Systems, a company that has placed 60 medical-marijuana vending machines in 15 states, would also like to complete an IPO by year’s end.”

Arizona Republic:  “With Arizona’s medical-marijuana-dispensary program on hold and no town regulations in place for smaller “caregiver” growing operations, Gilbert officials say they have no way of knowing who in town may be legally growing pot – or where.  Town officials approached the Planning Commission on Wednesday seeking approval of new rules for marijuana cultivation, but the panel put off a decision until July, citing a need for more research.”

Phoenix New Times:  “Larry Miller, 38, tried to rob medical marijuana from a Phoenix man yesterday afternoon, which was a colossal mistake — the man he tried to rob fatally shot him. . .. The seller called 9-1-1 to tell them he’d shot a man when he tried to steal his weed. When police arrived, the seller was giving first-aid to Miller.  Miller was taken to an area hospital, where he later died.  Now for the tricky part: can the seller be charged with a crime?”

Eric Holder, the Attorney General of the United States, said that he intends to issue a statement to clarify the position of the United States with respect to when it will prosecute people who comply with state legal medical marijuana laws.

See also “AG Says Feds Will ‘Work With’ States On Medical Marijuana,” which says

“U.S. Attorney General Eric Holder said on Thursday that the Justice Department will work with governors and other state officials to reach a ‘satisfactory resolution’ to the establishment of medical marijuana dispensaries in states with medicinal cannabis programs.  ‘We are in the process of working [on] these issues with the U.S. Attorney for Rhode Island and other U.S. Attorneys across the country,’ Holder said”

Arizona Republic:  “A high-level international panel slammed the war on drugs as a failure Thursday and called on governments to undertake experiments to decriminalize the use of drugs, especially marijuana, to undermine the power of organized crime.”

Arizona Republic:  “Arizona’s new medical-marijuana law is not just a legal headache for lawyers and lawmakers anymore.  The law that passed narrowly last fall is a cultural page-turning event, prompting changes that just a few years ago would have seemed inconceivable.  Like them or not – and we are not exactly thrilled with a lot of these developments – the changes wrought by the medical-marijuana law go far beyond what is dictated in statutes that declare pot a ‘medicine’.”