East Valley Tribune: “Prosecutors urged a judge Friday to declare medical marijuana dispensaries and growing facilities as preempted by federal law. Maricopa County Attorney Bill Montgomery said there’s no question but that marijuana remains illegal under federal law. And he told Judge Michael Gordon that law classifies marijuana as a Schedule 1 drug for which there is no legitimate medical use. What that means, Montgomery argued, is the state is powerless to do anything that ultimately results in the state issuing a license to someone to sell marijuana. If nothing else, he said the requirements of the 2010 voter-approved law for public officials to act put them in the position where they could be prosecuted under federal law for aiding someone else in obtaining the drug.”
See “Judge doesn’t rule following two-hour marijuana hearing” which says “Lawyers for Arizona and the state’s most populous county argued in court Friday that federal drug laws pre-empt Arizona’s voter-approved medical marijuana law.” See also “Arizona Medical-Marijuana Law Debated in Court; Judge Criticizes Wording of 2010 Law” which says the judge in the case said “‘Ultimate irony is that Arizona could have decriminalized pot and said it’s not going to be prosecuted under state law’.”