In Arizona, the state’s newly passed medical marijuana laws recently took effect, something that happened in mid-April of 2011. U.S. Attorney Dennis Burke immediately had some harsh reckoning with these laws, and promptly submitted a letter regarding his views, and federal views, on the newly enacted Arizona medical marijuana laws. In short, the letter basically states that the federal government still does not recognize medical marijuana laws that are passed at the state level, as marijuana is still federally prohibited and classified as a schedule 1 drug by federal laws. (Read Full News Story Here)
The main emphasis of Burke’s letter was to reinforce that state laws do not protect growers, patients or sellers from being prosecuted at the federal level. It’s partially in controversy to a 2009 US Attorney letter that informed states with such programs in place that patients who were abiding by state laws would not be subject to federal arrest or prosecution.
Burke also specified that “individuals and organizations -- including property owners, landlords and financiers” were all subject to federal laws, and not state laws. He is quoted as stating, “The public should understand, however, that even clear and unambiguous compliance with (Arizona Medical Marijuana Act) does not render possession or distribution of marijuana lawful under federal statute.”
Lastly, the law that was passed does not apply to Indian reservations, according to Burke, as those are federally managed lands and are subject to federal laws.
It’s of particular importance to note that while the feds constantly threaten state employees, as they have with regards to Washington trying to use state resources to manage their marijuana program, that the state of California sets precedence. State workers have been managing their cannabis program since 1996, and no state employee has even been prosecuted by the federal government.
Similar threatening letters are what led to the vetoing of a much needed bill in Washington last month that would have legalized marijuana dispensaries there. But after receiving the letter, Governor Christine Gregoire vetoed the bill to rework it to better protect state workers.
Arizona’s medical marijuana laws to effect in mid-April, 2011. The state has approved 120 different dispensaries to open up over the months to come, and has already approved more than 1,200 patients to use medicinal cannabis by issuing them an Arizona Medical Marijuana Card.
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