MEDICAL-MARIJUANA CLARIFICATION SOUGHT

Horne Wants to Resolve Federal-Law Conflict

Arizona Attorney General Tom Horne will file a lawsuit by week's end,
asking a federal judge to weigh in on the legality of Arizona's
Medical Marijuana Act and whether those who manufacture or distribute
pot under the law are subject to federal prosecution.

Gov. Jan Brewer said Tuesday that she directed Horne to file suit for
"declaratory judgment" because of a letter written earlier this month
by U.S. Attorney Dennis Burke. It is likely that she will put portions
of the program on hold in the coming days, pending a legal ruling.

On May 2, Burke warned Arizona Department of Health Services Director
Will Humble that the state's new medical-marijuana law conflicted with
the federal Controlled Substances Act and that "growing, distributing
and possessing marijuana, in any capacity, other than as a federally
authorized research program is a violation of federal law."

Burke added, "Compliance with Arizona laws and regulations does not
provide a safe harbor, nor immunity from federal prosecution."

Brewer said Burke's words left her fearing for state employees,
including those tasked with issuing dispensary licenses and
qualified-patient and caregiver registration cards.

"I just cannot sit on the sidelines and allow the federal government
to put my state employees at risk," Brewer said.

She added, "(That) letter really muddied the waters. . . . I intend to
get answers because people's lives and careers are at stake."

Burke's letter did not specifically mention state employees, but
Brewer said it's clear they could be prosecuted.

Proposition 203, which legalized medical-marijuana use for people with
certain debilitating conditions, was approved by voters in November
and took effect April 14.

The program is not yet fully up and running.

The Arizona Department of Health Services has issued more than 3,600
qualified-patient cards and is scheduled to begin accepting dispensary
applications June 1.

When asked whether she intended to instruct DHS to not issue
dispensary permits, Brewer said, "we are moving in that direction."

Her spokesman, Matthew Benson, said later that the governor's advice
to DHS on the subject was "imminent, in the next few days."

Brewer and Horne said Friday that they did not know how long it would
take the courts to rule, and they would not take a position on the
voter-approved law during the legal proceedings.

"We will not take a substantive position, either to thwart the will of
voters . . . nor to try to impose our own policy views," Horne said.

"We are simply saying to the federal court, 'We need a resolution of
these competing pressures.' "

Ryan Hurley, a partner at the Rose Law Group, which represents
would-be dispensary owners, questioned the assertion that the suit was
not a political move.

"If they were in favor of protecting the voters' rights, they would be
filing this action stating that the Arizona Medical Marijuana Act
should be implemented," Hurley said, adding that his clients already
have made a "significant investment" in their business.

Arizona is not the only state grappling with this issue.

Earlier this month, Rhode Island Gov. Lincoln Chafee halted the
state's medical-marijuana dispensary program after the U.S. attorney
for his district threatened to prosecute those involved with licensing
"compassion centers" there.

There has been similar correspondence between federal prosecutors,
attorneys general and governors in several other states, and
dispensary and greenhouse raids in Washington, Montana, Colorado and
California.