Montgomery looking for appeals court ruling on medical marijuana

December 14, 2012

Maricopa County Attorney Bill Montgomery is asking an appeals court to block a lower court ruling that would force the county to approve zoning for a medical marijuana dispensary. KJZZ’s AL Macias reports the case centers on a proposed dispensary in Sun City.

AL MACIAS: The dispensary is located in the unincorporated area of Sun City. The county attorney has told county zoning officials not to approve the dispensary because they would be violating federal drug laws. On Tuesday Superior Court judge Michael Gordon ruled against the county attorney, saying federal drug laws don’t block Arizona’s voter approved medical marijuana law from going into effect. County Attorney Montgomery appealed that decision today. He says he believes there are conflicting messages between the state and federal laws.

BILL MONTGOMERY: So in order for us to have a ruling that would have binding effect throughout the state rather than the limited instances for this one lawsuit, it’s necessary to have it reviewed by an appellate court.

MACIAS: Other marijuana medical dispensaries have been approved by the state health department in cities across the state. One has opened last week in Glendale. Meanwhile nearly another hundred applications have been submitted although most have not received final approval.

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