Federal Judge Tosses AZ Governor Brewer's Attempt at Blocking Voter Initiative

Posted by on January 05, 2012

In a major victory for safe access in the Grand Canyon state, a federal judge has thrown out a lawsuit filed by Arizona Governor Jan Brewer, who must now implement the Arizona Medical Marijuana Act (AMMA).


Brewer’s lawsuit was technically filed under the guise of protecting state workers from federal prosecution, but in reality was a thinly veiled attempt to thwart the will of the majority of Arizona voters who passed the AMMA in 2010. In fact, the lawsuit bordered on the absurd, as it attempted to utilize 20 fictitious defendants as part of the basis for the case.  However, Brewer’s refusal to fully implement AMMA has not stopped her from collecting nearly $3 million in fees from the approximately 19,000 Arizonans who have registered as patients. What’s more is Brewer’s own lawsuit admits that she, along with “employees and officers of the State of Arizona have a mandatory duty to implement and oversee the administration of the AMMA,” (emphasis added).

Not only does Americans for Safe Access agree with the Governor’s assertion that the Arizona government has a mandatory obligation to implement the AMMA, but on behalf of patients and caregivers, we demand the swift implementation of the program. For some Arizonans, yesterday’s victory came years, months, weeks, or perhaps even mere days too late. Now is the time for Governor Brewer to act so that no more patients in Arizona suffer needlessly as the expense of political posturing.

Ruling by U.S. District Court Judge Susan R. Bolton (contains the text quoted above from Brewer's lawsuit): http://www.scribd.com/doc/77175415/Mmj-Lawsuit-Dismissed

Arizona Medical Marijuana Act: http://www.azdhs.gov/medicalmarijuana/rules/index.htm#statutes