AZ Marijuana Law Lawsuits Archives - Page 2 of 5

Ability to Grow Own Medicinal Marijuana Restricted

East Valley Tribune: “Medical marijuana users have no right to grow their own plants once a dispensary moves within 25 miles as the crow flies, a state hearing officers concluded Tuesday. But some rural residents may get to start cultivating again next year. Tammy Eigenheer rejected arguments by Arlin Troutt that the 25-mile rule, part of the original 2010 voter-approved Arizona Medical Marijuana Act, violates his constitutional rights because it allows others living outside the zone to continue to cultivate the drug.”

By On the Net|2014-08-14T21:07:51-07:00August 13th, 2014|AZ Marijuana Law Lawsuits, Legal Issues, Stories & Articles|Comments Off

Arizona Court Rules Probation No Bar to Medical Marijuana Use

Arizona Daily Star: “The state cannot prohibit someone from using medical marijuana because that person is on probation, even for drug charges, the state Court of Appeals ruled Friday. Appellate Judge Peter Eckerstrom said that when voters approved the Arizona Medical Marijuana Act in 2010, they declared those with a doctor’s recommendation and the required state-issued ID card are not subject to ‘arrest, prosecution or penalty in any manner, or denial of any right or privilege’.”

By On the Net|2017-02-04T07:38:59-07:00July 28th, 2014|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off

Judge Says Pot Patient Can Sell Marijuana to Another Patient

Phoenix New Times: “Arizona’s medical-marijuana law is so vague, the state can’t prosecute patients who sell pot to other patients, a Pima County Superior Court judge has ruled. . . . The case began with the October 8, 2013, indictment of Jeremy Allen Matlock on three felony counts in connection with the sale and growing of marijuana.”

See “Ruling could pave way for medicinal marijuana patients to sell drug to one another.”

See also my June 24, 2011, article on this subject called “Can a Person Who Holds an Arizona Medical Marijuana Patient Card Sell Marijuana to Another Arizona Licensed Patient or Caregiver?”

By On the Net|2017-02-04T07:38:59-07:00July 23rd, 2014|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off

Gilbert May Revoke Medical-marijuana Dispensary Permit

Arizona republic: “Arizona’s medical-marijuana dispensary program has been fraught with legal challenges since its inception three years ago, and a new court battle among dispensary operators has put several locations in jeopardy, including one in Gilbert. An apparent power struggle among development partners has stalled plans to open East Valley Patient Wellness Center near Power and Warner roads in Gilbert, and town officials are now seeking to strip the developer of a use permit they awarded him last summer.”

By On the Net|2014-06-22T08:43:27-07:00June 22nd, 2014|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off

Ultra Health, LLC Sued Again: Now in 4 Lawsuits

On March 5, 2014, Ultra Health, LLC, filed its first lawsuit in Maricopa County, Arizona. On May 19, 2014, JDT Construction, LLC., sued Duke Rodriguez’ Ultra Health, LLC, in Yavapai County Superior Court for Ultra Health’s alleged failure to pay $826,493 .68 under a contract for construction at 2144 North Road l East, Chino Valley, Yavapai County, Arizona 86323. The JDT Construction Complaint states that Ultra Health, LLC, did pay $1,778,383.91 under the contract and that:

“On May 5, 2014, pursuant to an order from the United States Bankruptcy Court of the District of Nevada on April 11, 2013 (Case No. BK-S-13-11930-btb) allowing Ultra Health to purchase the Property, Ultra Health designee, CVUH LLC recorded in Yavapai County, Arizona a Trustee’s Deed granting CVUH LLC all legal and beneficial interest in the Property subject to other liens, liabilities and encumbrances.”

JDT Construction, LLC, is asking the court to find that JDT has a valid mechanics’ lien, that the lien be foreclosed and the Sheriff of Yavapai County sell the Chino property to the highest bidder.

With the filing of the JDT Construction lawsuit, Ultra Heatlth, LLC, is now a party in four lawsuits filed in the last two and one half months. To learn about Ultra Health’s other three lawsuits read “Zoned Properties, Inc. & Duke Rodriguez Lawsuits.” See also “AZ Dept. of Health Services Confirms Ultra Health, LLC Lacks a License for a Medical Marijuana Dispensary.”

Disclosure: Holistic Patient Wellness Group, LLC, East Valley Patient Wellness Group, LLC, and Natural Remedy Patient Center, LLC (all clients of mine) are parties to some of the Ultra Health, LLC, lawsuits.

By Richard Keyt|2019-06-14T08:28:37-07:00May 20th, 2014|AZ Marijuana Law Lawsuits, Stories & Articles, Zoned Properties & Duke Rodriguez|Comments Off

Zoned Properties, Inc. & Duke Rodriguez Lawsuits

Holistic Patient Wellness Group, LLC, East Valley Patient Wellness Group, LLC, and Natural Remedy Patient Center, LLC (all clients of mine) hold Dispensary Registration Certificates issued by the Arizona Department of Health Services. These companies are involved in lawsuits with Duke Rodriguez, Zoned Properties, Inc. (aka ZDPYD), Ultra Health, LLC, and Cumbre Investment, LLC. ZDPYD focuses “on properties in the medical marijuana industry.” See page 8 of ZPI’s April 15, 2014, Company Information & Disclosure Statement. To learn more about Zoned Properties, Inc., read “Zoned Properties, Inc. Public Disclosures.”

According to page 16 of Zoned Properties, Inc.’s April 15, 2014, Disclosure Statement its major stockholders as of that date were Duke Rodriguez (2,200,000 shares – 9.29%), Marc Brannigan (1,500,000 shares – 6.34%), Alan Abrams (3,200,000 shares – 13.51%), Christopher Carra (2,200,000 shares – 9.29%), Greg Johnson (1,500,000 shares – 6.34%), MJ Trust (1,200,000 shares – 5.07%) and MAC CAM, LLC (700,000 preferred shares). MAC CAM, LLC is owned by Marc Brannigan, Alan Abrams and Christopher Carra. On May 13, 2014, ZDPYD did a 1:120 reverse stock split. Duke Rodriguez is the member and manager of Ultra Health, LLC, and Cumbre Investment, LLC. Zoned Properties, Inc., Cumbre Investment, LLC, and Ultra Health, LLC, have domestic addresses at 16624 N. 90th Street, Scottsdale, Arizona.

Zoned Properties, Inc., is now a party to three lawsuits involving the eviction (see lawsuit #5 below about the Clifton, Arizona premises) and attempted eviction (see lawsuits #2 and #3 below about the 410 S. Madison, Tempe, Arizona premises) of a medical marijuana dispensary tenant, Holistic Patient Wellness Group, LLC.

Check back from time to time because we will be adding pleadings as these cases progress.

Summary of Lawsuits

1. Ultra Health, LLC vs. Healing Healthcare 3, Inc., Scan4Health, LLC. and Holistic Patient Wellness Group, LLC

This lawsuit is Maricopa County Superior Court case number CV2014-005642. On March 5, 2014, Ultra Health, LLC, filed a lawsuit against Healing Healthcare 3, Inc. and Scan4Health, LLC. Ultra Health, LLC’s Complaint contains the following statements:

“On September 15, 2013, Ultra Health and Healing Healthcare 3 entered into a Joint Venture Agreement for purposes of operating a marijuana cultivation facility with its principal place of business at the Tempe Lease facility.
[The JV Agreement attached as Exhibit 3 to the Complaint ends abruptly at page 5 and does not have a signature page.]
The Tempe Joint Venture Agreement provided that legal title to the Joint Venture property and all assets, including the Joint Venture itself, shall remain in the name of Ultra Health.

Brannigan at Ultra Health threatening Duke Rodriguez [This incomplete sentence apparently refers to Marc Brannigan, the then CEO of Zoned Properties, Inc.]
Healing Healthcare has converted the marijuana product owned by Ultra Health [emphasis added]

Pleadings & Documents

Verified Complaint and Application for Restraining Order and Preliminary and Permanent Injunction

Amended Complaint. Ultra Health, LLC, added Holistic Patient Wellness Group, LLC, as a defendant.

Arizona Department of Health Services letter dated March 14, 2014, that states:

“AZDHS can confirm that it does not recognize Ultra Health, LLC as a holder of this or any other dispensary registration certificate.”

March 17, 2014, Court Order

2. Holistic Patient Wellness Group, LLC vs. Zoned Properties, Inc., Duke Rodriguez, Marc Brannigan & Tempe Industrial Properties, LLC

On March 14, 2014, the plaintiff sued the defendants in Maricopa County Superior Court case number CV2014-003047.

Pleadings

Amended Complaint

Preliminary Injunction

3. Tempe Industrial Properties, LLC, vs. Holistic Patient Wellness Group, LLC, & Healing Healthcare 3, Inc.

On March 19, 2014, twelve days after ZDPYD purchased the real property located at 410 S. Madison, Tempe, Arizona, ZDPY’s wholly owned subsidiary Tempe Industrial Property, LLC, filed a lawsuit to evict its first and only medical marijuana dispensary tenant. This is Maricopa County Superior Court case number CV2014-005961. ZDPYD focuses “on properties in the medical marijuana industry.” On April 24, 2014, Tempe Industrial Properties, LLC, conveyed the real property back to Zoned Properties, Inc.

Pleadings

Complaint

Holistic’s Answer

4. Holistic Patient Wellness Group, LLC, East Valley Patient Wellness Group, LLC, and Natural Remedy Patient Center, LLC vs. State of Arizona, Janice Brewer, Arizona Department of Health Services, Will Humble, Christopher Miller, Meagan Miller and Alexander De Soler.

On April 22, 2014, Plaintiffs sued Christopher Miller, Meagan Miller and Alexander De Soler to get a court order that they are not members, officers, board members or affiliated with Plaintiffs. This is Maricopa County Superior Court case number CV2014-007233.

Pleadings

Complaint.

5. Holistic Patient Wellness Group, LLC, East Valley Patient Wellness Group, LLC, and Natural Remedy Patient Center, LLC vs. Duke Rodriguez, Zoned Properties, Inc., Cumbre Investment, LLC, and Ultra Health, LLC.

This lawsuit was filed on April 25, 2014. It is Maricopa County Superior Court case number CV2014-007302. The lawsuit involves real property in Clifton, Arizona, in which Holistic Patient Wellness Group, LLC,, operated a medical marijuana dispensary until the dispensary was locked out of the premises by Duke Rodriguez’ company called Cumbre Investments, LLC. Attorney Jeffrey Kaufman appeared at a hearing before Maricopa County Superior Court Judge Brain and told to the court that he represents Zoned Properties, Inc., and that Cumbre Investment, LLC, assigned the Clifton lease to Zoned Properties. Zoned Properties, Inc., which focuses “on properties in the medical marijuana industry” now owns two parcels of Arizona real estate, is a tenant on a third parcel and is involved in three eviction lawsuits with a licensed medical marijuana dispensary.

Update: Plaintiffs voluntarily dismissed this lawsuit on May 20, 2014, because in an April hearing in Maricopa County Superior Court Judge Brain stated he believed contracts involving Arizona medical marijuana dispensaries are not enforceable because they violate public policy.

Pleadings

Complaint

Application for Temporary Restraining Order

Duke Rodriguez business card, Exhibit A to the Application for Temporary Restraining Order

Affidavit in Support of Temporary Restraining Order

6. Ultra Health, LLC, vs. Healing Healthcare 3 Inc , Rakesh Pahwa, Geeta Pahwa, Scott Armstrong, David Sanchez & Kathy Sanchez

The complaint in this lawsuit was filed on April 29, 2014. It is Maricopa County Superior Court case number CV2014-053115.

Pleadings

Complaint

7. JDT Construction, LLC., vs. Ultra Health, LLC

The complaint in this lawsuit was filed on May 19, 2014, in Yavapai County. JDT Construction claims Ultra Health, LLC, owes JDT $826,493 .68 under a contract for construction at 2144 North Road l East, Chino Valley, Arizona. It is Yavapai Superior Court case number P-1300-CV-201400555.

Pleadings

Complaint

8. Scott Armstrong vs. Duke Rodriguez & Sold By Group, LLC

The lawsuit was filed on December 13, 2013. It is Maricopa County Superior Court case number CV2013-055265. Sold By Group, LLC, is owned and managed by Duke Rodriguez.

Pleadings

Complaint

9. Sweetwater Ranch Association vs. Duke Rodriguez

The lawsuit was filed on May 20, 2011. It is Maricopa County Superior Court case number CV2011-095146.

10. Cavalry Spv I L L C vs. Duke Rodriguez

The lawsuit was filed on October 25, 2002. It is Maricopa County Superior Court case number TJ2002-004927.

11. Bank of America vs. Duke Rodriguez

The lawsuit was filed on October 26, 2000. It is Maricopa County Superior Court case number CV2000-019427.

By Richard Keyt|2019-06-14T08:28:25-07:00May 15th, 2014|AZ Marijuana Law Lawsuits, Stories & Articles, Zoned Properties & Duke Rodriguez|Comments Off

Arizona Supreme Court Rules Pot Metabolite doesn’t Prove DUI

Arizona Republic: “Motorists who have used marijuana cannot be charged with driving under the influence on that basis alone, even if some traces of the drug are detected in their blood, the state’s top court ruled Tuesday. Arizona Supreme Court justices disagreed with the Maricopa County Attorney Office, which argued before the court in November, that drivers whose blood tests reveal the presence of an inactive marijuana metabolite known as Carboxy-THC can be prosecuted for driving while impaired.”

Read the court’s opinion in the case of Arizona vs. Hrach Shilgevorkyan.

By On the Net|2017-02-04T07:39:00-07:00April 23rd, 2014|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off

Ultra Health, LLC, vs. Healing Healthcare, Inc., & Scan4Health, LLC

Ultra Health, LLC, sued Healing Healthcare 3, Inc. (Rocky Pahwa’s nonprofit corporation) and Scan4Health, LLC. See Ultra Health, LLC’s Verified Complaint and Application for Restraining Order and Preliminary and Permanent Injunction. The basis of the lawsuit is a Joint Venture Agreement between the parties. At a hearing on March 14, 2014, Judge Herrod asked the parties for evidence as to who has a license to own and operate an Arizona medical marijuana dispensary. The defendants gave the judge the letter dated March 14, 2014, from the Arizona Department of Health Services, which states “AZDHS can confirm that it does not recognize Ultra Health, LLC as a holder of this or any other dispensary registration certificate.”

Ultra Health, LLC, amended its Complaint in the above-referenced lawsuit to add Holistic Patient Wellness Group, LLC, as a defendant. HPWG is a client of my law firm, KEYTLaw, LLC.

By Richard Keyt|2019-06-14T08:27:54-07:00April 9th, 2014|AZ Marijuana Law Lawsuits, Stories & Articles, Zoned Properties & Duke Rodriguez|Comments Off

Ultra Health Threatens to Sue Florence

Florence Reminder & Blade Tribune: “Duke Rodriguez, principal officer of Ultra Health in North Scottsdale, has hired a Scottsdale attorney to represent his company when it pursues a lawsuit against the town of Florence. Jeffrey S. Kaufman will represent Ultra Health when it begins its legal battle to establish a medical marijuana dispensary in Florence. . . . Rodriguez said the decision comes in the aftermath of the Town Council’s 5-2 vote on March 17, which denied a conditional use permit to his company to dispense medical marijuana . . . . The lawsuit could be filed in Pinal County Superior Court as soon as tomorrow, Rodriguez said. . . .

[Rakesh “Rocky”] Pahwa, who was trying for his fourth conditional use permit in Florence, urged the council to vote against Ultra Health’s request. He said his nonprofit company, Healing Healthcare, has the dispensary license for the Florence Community Health Analysis Area, but was not on the application for the town’s permit.”

See also “Florence denies medical marijuana permit, again.” This story states:

Rakesh “Rocky” Pahwa, up for his fourth try for a conditional use permit to open a dispensary in Florence, asked the council to deny it. He explained his nonprofit company, Healing Healthcare, has the dispensary license for the Florence community health analysis area but is not on the application for the town’s permit. Pahwa was in partnership with the medical marijuana company Ultra Health of North Scottsdale, which was the applicant.

See “AZ Dept. of Health Services Confirms Ultra Health, LLC Lacks a License for a Medical Marijuana Dispensary.”

By Richard Keyt|2017-02-04T07:39:01-07:00April 9th, 2014|AZ Marijuana Law Lawsuits, Stories & Articles, Zoned Properties & Duke Rodriguez|Comments Off

Arizona Police Refuse to Return Medical Marijuana After Adverse Ruling

US News & Word Report: “California resident Valerie Okun is one step closer to reclaiming medical marijuana seized by Arizona police near the Mexican border in 2011. The U.S. Supreme Court declined Monday to review state court rulings that found Okun is entitled to the return of her marijuana, currently held by the Yuma County Sheriff’s Office. . . . The Superior Court in Yuma County and the Arizona Court of Appeals Division One previously sided with Okun.”

By On the Net|2017-02-12T07:40:46-07:00April 1st, 2014|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off

Zander Welton Wins Arizona Medical-Marijuana Extracts Case

Phoenix New Times: “In a ruling with wide impact on the Arizona medical-marijuana program, Zander Welton and his family have won their battle to provide extracts to the boy for his seizures. The East Valley family sued on October 29 in Maricopa County Superior Court, receiving legal help from the American Civil Liberties Union of Arizona, after threats of possible felony prosecution by County Attorney Bill Montgomery. Judge Katherine Cooper sets Montgomery straight in a ruling filed on Friday, telling him and the state plaintiffs that the Arizona Medical Marijuana Law ‘authorizes qualifying patients to use extracts, including CBD oil, prepared from the marijuana plant‘.”

Read the Judge’s ruling and the plaintiff’s Complaint.

By On the Net|2017-02-04T07:39:02-07:00March 23rd, 2014|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off

Complaints Raised on Marijuana Dispensary Investors

Boston Globe: “two women say they put their life savings into two marijuana dispensaries in Arizona, but ran short of cash when implementation of that state’s medical marijuana law stalled. In a complaint they filed in September with Arizona regulators, they allege that the New York investors they turned to for help took control of the company without their knowledge. ‘I was so mad for so long, when we finally realized we had been totally duped,’ said Linda Shaughnessy, 66. ‘I lost $400,000’. . . . the lawsuit filed by 4Front Advisors LLC . . . says in its Arizona suit that [Nicola] Vita and his partners owe a $50,000 fee and 5 percent of a Prescott, Ariz., dispensary’s gross revenues.”

By On the Net|2019-06-14T08:27:51-07:00March 22nd, 2014|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off

AZ Dept. of Health Services Confirms Ultra Health, LLC Lacks a License for a Medical Marijuana Dispensary

Ultra Health, LLC, an Arizona limited liability company, sued Healing Healthcare 3, Inc., an Arizona nonprofit corporation for among other things, breach of a joint venture agreement that involves the marijuana grow facility at 410 S Madison, Tempe, Arizona (the “Premises”). See a copy of Ultra Health, LLC’s, Complaint.

During a hearing in Maricopa County Superior Court on March 14, 2014, Ultra Health, LLC’s attorney claimed that Ultra Health, LLC, has some kind of license related somehow to medical marijuana. The judge asked the parties to submit to him by the end of business that day proof from the Arizona Department of Health Services that the party had a medical marijuana dispensary license.

Healing Healthcare 3, Inc., is a co-tenant on the lease for the Premises with Holistic Patient Wellness Group, LLC. Below is the text of a March 14, 2014, the letter sent by AZDHS to Holistic Patient Wellness Group, LLC, that Healing Healthcare 3, Inc., submitted to the judge on March 14, 2014.

March 14, 2014

Kathy Sanchez, Principal Officer
Holistic
45000 S, Lakeshore Drive, Suite 343
Tempe, Arizona 85285

RE: Medical Marijuana Program

Dear Ms. Sanchez:

Pursuant to the request of the dispensary certificate holder to clarify ownership and authority to operate a medical marijuana dispensary and cultivation site, the Arizona Department of Health Services (AZDHS) confirms that a dispensary registration certificate (DRC) was issued to Holistic Patient Wellness Group, LLC. Further, AZDHS issued an approval to operate to Holistic Patient Wellness Group, LLC to operate a dispensary and cultivation site and AZDHS recognizes them as the current and sole holders of the DRC.

AZDHS can confirm that it does not recognize Ultra Health, LLC as a holder of this or any other dispensary registration certificate.

Sincerely,

Jeff Bloomberg, Manager
Division for Planning and Operations, Administrative Counsel and Rules

I’m sorry, but I can’t help but repeat my favorite part of the above letter:

“AZDHS can confirm that it does not recognize Ultra Health, LLC as a holder of this or any other dispensary registration certificate.”

To learn more about Ultra Health, LLC, enter Ultra Health in the search box at the top right of this page and press your enter key or click on the topic in the right column called “Zoned Properties & Duke Rodriguez.”

For the record, Holistic Patient Wellness Group, LLC, is a client of mine.

By Richard Keyt|2014-05-24T09:26:13-07:00March 15th, 2014|AZ Marijuana Law Lawsuits, Dept Health Services, Stories & Articles, Zoned Properties & Duke Rodriguez|Comments Off

Charges Dropped Against Patient Who Had Pot Infused Candy

Phoenix New Times: “we wanted to catch you up on a situation we wrote about in November, when another bona fide patient was caught in a DUI stop and found to be in possession of a single piece of infused candy. The patient, whom New Times is not identifying at his request, had purchased the Tootsie Pop-like candy at a local “compassion club” that isn’t approved by the state to sell marijuana. . . . In January, Montgomery’s office dropped the charge unexpectedly, claiming that the evidence had been destroyed.”

By On the Net|2014-03-10T07:59:58-07:00March 10th, 2014|AZ Marijuana Law Lawsuits, Marijuana Crimes, Stories & Articles|Comments Off

Bill Montgomery’s Bad Advice on Medical-Marijuana Law Results in Less County Control

Phoenix New Times: “Maricopa County Attorney Bill Montgomery’s bad advice to County Supervisors on medical marijuana has resulted in less county control of dispensary locations. The county is now prohibited from imposing any of its own restrictions on a planned dispensary for Sun City because the county failed to comply with a previous ruling on medical-marijuana zoning rules, Maricopa County Superior Court Judge Michael Gordon ruled Wednesday. Gordon’s latest ruling follows a November 15 decision by the state Court of Appeals that seems to bode well for the future of Arizona’s voter-approved medical-marijuana law.”

By On the Net|2013-11-26T06:39:37-07:00November 26th, 2013|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off

Mesa Boy’s Access to Marijuana Extract Faces New Challenge

East Valley Tribune: “Maricopa County’s chief prosecutor is asking a judge to throw out a bid by the parents of a 5-year-old Mesa boy who suffers from seizures to be able to get an extract of marijuana from dispensaries. County Attorney Bill Montgomery is not disputing whether or not Zander Welton needs the drug. His parents have received the proper recommendation from a doctor to sign him up as a patient under the Arizona Medical Marijuana Act.”

By On the Net|2013-11-20T06:59:43-07:00November 20th, 2013|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off

Judge Says Arizona Medical Marijuana Card Holders Can’t Grow Marijuana

Yuma Sun: “Medical marijuana users have no constitutional right to grow their own drug, a trial judge has ruled. Judge Katherine Cooper threw out a challenge by two men to a provision in the 2010 voter-approved Arizona Medical Marijuana Act which says only those living farther than 25 miles from a state-regulated dispenary can cultivate the plants. She said there is no basis for their claim that the provision limits their health care rights.”

By On the Net|2015-04-06T18:57:49-07:00November 14th, 2013|AZ Marijuana Law Lawsuits, Legal Issues, Stories & Articles|Comments Off

Parents Sue to Give Marijuana Extracts to 5-year-old

Azdailysun.com: “Saying their 5-year-old child’s life may depend on it, a Mesa couple has sued to demand legal access to extracts of marijuana for him. Jacob and Jennifer Welton say Zander said the only thing that has helped control “numerous active seizures” in the child, who has birth defects that have affected development of his brain has been a mixture of chemicals from marijuana made in part from a hemp extract. They also said the drug combination they were using also has aided in addressing Zander’s autism and physical development.”

By On the Net|2013-10-31T08:01:52-07:00October 31st, 2013|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off

Judge Rules Maricopa County Cannot Create Zoning that Prohibits Medical Marijuana Dispensaries

Arizona Daily Star: “Counties cannot do an end-run around the Medical Marijuana Act by changing their zoning laws to make it impossible to open a dispensary, a judge ruled Monday. . . . ‘A county zoning ordinance that poses a categorical prohibition of medical marijuana violates state law that limits its zoning jurisdiction,’’ the judge wrote.”

By On the Net|2013-10-15T07:22:09-07:00October 15th, 2013|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off

Judge’s Ruling Opens Door for Sun City Pot Dispensary

arizona.newszap.com: “A marijuana dispensary in Sun City remains a possibility following a judge’s ruling, but county legal officials vow to continue the fight to keep it out of the community. Superior Court Judge Michael Gordon Oct. 14 granted a pretrial verdict in favor of White Mountain Health Center, which plans a dispensary for Sun City, and rejected a similar request on behalf of the county. The judge’s ruling effectively overturned Maricopa County’s zoning ordinance for medical marijuana dispensaries, ruling that the ordinance appeared to be a “transparent attempt” to keep the businesses out of unincorporated areas of the county.”

By On the Net|2017-02-12T07:40:00-07:00October 14th, 2013|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off

Attorney Argues in Court that Arizona’s Medical Pot Law Doesn’t Grant Right to Grow Own Pot

East Valley Tribune: “A constitutional right to control your own health care is not a right to grow your own medical marijuana, according to an attorney for the state’s top health official. Gregory Falls is asking Maricopa County Superior Court Judge Katherine Cooper to throw out claims by two men who say they are constitutionally entitled to plant, grow and harvest the drug.”

By On the Net|2013-09-20T08:06:56-07:00September 17th, 2013|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off

Arizona Medical Marijuana Card Holders Sue to Grow within 25 Miles of a Dispensary

Court House News Service: “Medical marijuana advocates claim in court that Arizona unconstitutionally bars some patients from growing the drug at home if they live less than 25 miles from a licensed medical marijuana dispensary. Plaintiffs Keith Floyd and Daniel Cassidy claim the Arizona Department of Health Services denied them cultivation rights when they applied for renewal of their Arizona Medical Marijuana registry cards. They sued Arizona and DHS Director Will Humble, in Maricopa County Court.”

The case is Maricopa County Superior Court case number CV2013-011447, Keith Floyd and Daniel Cassidy v. State of Arizona and Will Humble. Read the Notice of Claim, Summons, and Complaint.

Update: See “Suit argues measure allows for growing of own medicinal marijuana.”

By On the Net|2017-10-07T09:56:01-07:00August 22nd, 2013|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off

Arizona Medical Marijuana Dispensaries Unduly Burdened by State Rules, Judge Says

Phoenix New Times: “Another favorable court ruling for the Arizona Medical Marijuana Act means that would-be dispensaries have much more time to set up operations. Maricopa Superior Court Judge Randall Warner’s July 29 ruling, released Wednesday, stops the state from denying dispensary approvals because of failure to meet a set deadline. . . . The case, brought by Total Health & Wellness and other Medbox-affiliated dispensary companies”

The case is Total Health & Wellness, Inc., vs. State of Arizona.

By On the Net|2014-04-27T11:20:13-07:00July 31st, 2013|AZ Marijuana Law Lawsuits, Medbox, Stories & Articles|Comments Off

Will Humble Comments on Court Ruling

Will Humble, Director of the Arizona Department of Health Services said on July 31, 2013:

“The Superior Court judge ruled this morning that our requirement for Registration Certificate holders (dispensaries) to get an approval to operate within one year in order to renew their certificates is unreasonable. Because of today’s ruling, we’re going to accept renewal requests for all the current dispensaries in the state, whether they’re open or not. The initial year for dispensaries is over next week.

The ruling also means we’ll need to rewrite our rules – but that’s not a simple process. We’ll begin the process of adjusting our regulations to be in accordance with today’s ruling, but it will likely take several months to have everything in line. Today’s ruling will also delay our decision about how to proceed with ‘year 2’ dispensary applications.”

By On the Net|2013-08-27T07:08:31-07:00July 31st, 2013|AZ Marijuana Law Lawsuits, Stories & Articles, Will Humble Speaks|Comments Off

Another Arizona Medical Marijuana Lawsuit

Will Humble, Director of the Arizona Department of Health Services said on May 30, 2013:

“We got sued again this week regarding our Medical Marijuana Program. This time we’re getting sued because the Plaintiffs think that our 1-year deadline for getting a dispensary up and running is too restrictive. Basically, the Plaintiffs allege that the legal issues that have arisen in response to the White Mountain Health Center, Inc. (a prospective dispensary) case have made it unreasonably difficult for the Plaintiffs to be able to get their dispensaries up and running in the 1-year timeframe allowed under our regulations.

We have a court hearing on Friday morning (May 31, 2013) in which the Plaintiffs are asking for a Temporary Restraining Order delaying at least the June 7 deadline for submitting their application for an Approval to Operate. Ultimately, they’re looking to extend our final deadline for actually getting their Approval to Operate past our August 7 deadline (after which their Registration Certificate expires).

BTW… We have about 20 or so dispensaries already up and running across the state and another dozen or so have already filed their request for an Approval to Operate. Also, you can see links to the other 12 lawsuits that have been filed on our website.”

By On the Net|2013-08-27T08:06:13-07:00May 30th, 2013|AZ Marijuana Law Lawsuits, Stories & Articles, Will Humble Speaks|Comments Off

Judicial Watch Files Brief in Mountain Health Center v. County of Maricopa Lawsuit

Judicial Watch: “Judicial Watch, the organization that investigates and fights government corruption, announced today [March 25, 2013] that it filed an amicus curiae brief (White Mountain Health Center v. County of Maricopa (1 CA-CV 12-0831)) on March 19, 2013, in the Court of Appeals of the State of Arizona, District One, in support of Maricopa County and the State of Arizona’s lawsuit appealing a December, 4, 2012, Maricopa Superior Court ruling that the Arizona Medical Marijuana Act (AMMA) did not conflict with federal drug laws. . . . ‘Federal law is unambiguous in that marijuana is a controlled substance regulated under a comprehensive statutory and regulatory scheme. As such, the production, sale, and use of marijuana, other than as part of a federally authorized research program, is a violation of federal law regardless of any state law permitting such activities even in a limited manner’.”

View this document on Scribd

By On the Net|2013-03-28T05:57:14-07:00March 28th, 2013|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off

Arizona Court of Appeals OKs DUI of Pot

Associated Press: “An appeals court has issued a ruling that upholds the right of authorities to prosecute pot smokers in Arizona for driving under the influence even when there is no evidence that they are actually high.”

By On the Net|2015-04-06T18:56:50-07:00February 14th, 2013|AZ Marijuana Law Lawsuits, Marijuana Crimes, Stories & Articles|Comments Off

Montgomery Pushes Sun City Medical pot Case to Higher Court

Yourwestvalley.com: “Hoping for a speedy conclusion to the Sun City medical marijuana dispensary case, Maricopa County Attorney Bill Montgomery has asked the Arizona Supreme Court to immediately take up his challenge to a state law. In legal papers filed with the high court, Montgomery told the justices that his bid to overturn a lower court ruling upholding the law is proceeding at the Court of Appeals at a very slow pace. Montgomery filed his formal brief Friday; now the other side gets time to respond, with Montgomery then getting a chance to reply to that.”

By On the Net|2017-10-07T09:56:00-07:00January 30th, 2013|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off

Maricopa County Attorney Appeals White Mountain Health Center Case to Arizona Supreme Court

Arizona Republic: “Maricopa County Attorney Bill Montgomery is petitioning the Arizona Supreme Court to bypass the appellate court and hear his arguments on a high-profile medical-marijuana case. The case centers on whether the Arizona Medical Marijuana Act is pre-empted by federal law. A Maricopa County Superior Court in December ruled that federal drug laws do not pre-empt the state’s medical-marijuana program and that public officials must implement the voter-mandated law.”

By On the Net|2013-01-26T07:12:24-07:00January 26th, 2013|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off

Arizona Court Rules Yuma County Sheriff Must Return Marijuana Seized from Medical Marijuana Cardholder

The Arizona Court of Appeals ruled that the Yuma County Sheriff must return to Valerie Okun, a California resident, the marijuana that law enforcement seized from her inside Arizona because she held a valid California medical marijuana card.

“Authorities stopped Valerie Okun entering Arizona near Yuma and seized marijuana and other contraband from her car. The State filed drug charges against Okun, but dismissed them after she produced proof she is permitted to possess marijuana for medical purposes under the Arizona Medical Marijuana Act. After the charges were dropped, the superior court granted Okun’s request for the return of the marijuana. In this appeal from that order, the State argues Arizona law requires forfeiture of any marijuana seized by law enforcement and also contends the Yuma County Sheriff cannot return the marijuana to Okun without risk of violating the federal Controlled Substances Act. We affirm the superior court’s order requiring the Sheriff to return the marijuana to Okun. Because Arizona law allows Okun to possess the marijuana, it is not subject to forfeiture under state law. Moreover, the Sheriff is immune from prosecution under the federal law for acts taken in compliance with a court order.”

The State argued that the court should not order the return of the marijuana because it would subject the Sheriff to prosecution as a transferor of marijuana under the federal Controlled Substances Act. See 21 U.S.C. § 841(a)(1). The case was not a complete loss for prosecutors Jon R. Smith, the Yuma County Attorney, and his two Deputy County Attorneys Edward P. Feheley and Theresa W. Fox because the court did educate them on federal law when it wrote:

“As Okun points out, however, federal law immunizes a law enforcement official from liability under circumstances such as these. Title 21, section 885(d) of the United States Code is titled “Immunity of Federal, State, local and other officials” and provides that, with exceptions not relevant here, “no civil or criminal liability shall be imposed by virtue of this subchapter . . . upon any duly authorized officer of any State, territory, political subdivision thereof . . . who shall be lawfully engaged in the enforcement of any law or municipal ordinance relating to controlled substances.” 21 U.S.C. § 885(d). This provision immunizes law enforcement officers such as the Sheriff from any would-be federal prosecution for complying with a court order to return Okun’s marijuana to her.”

Don’t you wonder why the prosecutors made a stupid argument to the Arizona Court of Appeals in light of relevant federal law directly contrary to their argument?

See the legal opinion in State of Arizona v. Valerie Ann Okun.

By On the Net|2013-01-12T06:56:48-07:00January 12th, 2013|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this: