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Posted on: December 20, 2016

County Attorney Issues Statement After Zoning Decision from Court of Appeals

PHOENIX- Maricopa County Attorney Bill Montgomery released the following statement after the Arizona Court of Appeals affirmed the Superior Court’s rulings striking down Maricopa County’s medical marijuana dispensary zoning. The court also reversed the lower courts sanctions imposed against the County.

“We do appreciate the Court’s acknowledgement that our legal position was not without justification and vacated the sanctions award,” said Maricopa County Attorney Bill Montgomery. “We will seek review by the Arizona Supreme Court to address the precedent in Reed-Kaliher cited by the Court in reaching its holding.”

“That the Arizona Medical Marijuana Act provides an affirmative, state authorized program to directly engage in conduct prohibited by the Federal Controlled Substances Act cannot be denied. To protect our system of federalism, it requires the willingness for courts to act where a State, whether by initiative or legislative action, runs afoul of Congressional action upheld by the United States Supreme Court. Failure to do so undermines our foundational principle of the rule of law.” Montgomery added.

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