PHOENIX – A program that’s been in legal limbo for about a year — Arizona’s medical marijuana program — could be one step closer to becoming a reality.
A federal judge has dismissed Arizona Gov. Jan Brewer’s lawsuit asking for a ruling on whether the state can implement its medical marijuana law in the face of marijuana still being prohibited under federal law.
U.S. District Judge Susan Bolton’s order Wednesday says the case isn’t legally eligible for court consideration. She says that’s because the state hasn’t established there’s a genuine threat of prosecution of state employees for administering the law.
That’s good news for attorneys like Ryan Hurley, who represents those who would open dispensaries.
“What happens now is certainly the biggest question. Its not quite a green light as of yet, certainly the governor needs to give that green light. We think its a great opportunity for her to move forward, this is sort of the last stumbling block,” says Ryan Hurley from Rose Law Group.
Attorney General Tom Horne’s office was silent on the ruling, and the governor’s spokesperson is telling the media they still feel state workers would be in danger of prosecution.
They have 30 days to refile, but Judge Bolton specified that their argument has to be more than the fear that state employees would be thrown in jail by the feds — something the judge stated has never happened.
Bolton’s order dismissing the case grants motions filed by the federal government and supporters of the medical marijuana law.
Copyright KSAZ-FOX 10/AP