ARIZONA TO ASK FEDERAL JUDGE TO RULE ON VOTER-APPROVED MEDICAL MARIJUANA LAW

Saying she fears people could wind up in legal trouble, Gov. Jan
Brewer on Tuesday ordered the state attorney general to get a federal
court to rule whether Arizona can implement its medical marijuana law.

Brewer said it was always known there was a conflict between the law,
which lets Arizonans with a doctor's recommendation get a state-issued
card letting them purchase and use marijuana, and the federal statutes
which make possession, sale and transportation a felony.

But she said a letter from Dennis Burke, the U.S. Attorney for
Arizona, to her state health chief appeared to be a warning that
anyone involved -- from patients and dispensary operators to landlords
and even state health officials -- could wind up being prosecuted by
his office.

"I believe in the will of the people," Brewer said, even though she
personally opposed the initiative. "Unfortunately, with this piece of
legislation, there are some pretty serious consequences if we don't
get them resolved," she continued. "And I, as governor, am not willing
to put those people at risk."

Despite that, the state will continue issuing "qualified patient"
cards to anyone who produces the required doctor's certification that
they have a medical condition which can be treated with marijuana.

Gubernatorial press aide Matthew Benson said the state really has no
choice: The initiative approved in November says if the state does not
accept applications, then anyone who has the doctor's recommendation
is automatically considered to have been issued a card.

About 4,000 Arizonans already are certified under state law to be able
to purchase up to 2 1/2 ounces of marijuana every two weeks.

But Benson said it remains unclear whether the state will start
issuing licenses for dispensaries to sell the drug commercially while
the lawsuit progresses. The first applications can be submitted this
coming week.

The move drew fire from Ryan Hurley, an attorney who represents
dispensary owners.

Hurley said he understands why the governor and Attorney General Tom
Horne would want a federal judge to clarify whether Arizonans can be
prosecuted under federal law even if they are following the state law.

But Hurley pointed out that Horne admitted he will not be asking the
court to uphold the law or rule that it trumps federal statutes.
Instead, the state is not taking a position.

He said Horne and Brewer should be defending the right of Arizonans to
pass their own laws and decide what medicines should be available in
the state.

Brewer sidestepped repeated questions of why the state is not mounting
a vigorous defense of the law.

Horne said there are issues of states' rights involved.

But he said that, unlike the fight he is waging with the federal
government over Arizona's immigration laws, there is a clear conflict
between the goals of the state and federal statutes. That, he said,
makes it inappropriate for him to demand that a federal judge rule
that federal prosecutors cannot enforce federal laws in Arizona.

In his letter to Will Humble, the state health director, Burke said he
intends to follow "guidance" from superiors in Washington not to focus
his limited resources on seriously ill patients who use marijuana as
part of a doctor's treatment program.

"The public should understand, however, that even clear and
unambiguous compliance with the Arizona Medical Marijuana Act does not
render possession or distribution of marijuana lawful under federal
statute," Burke wrote.

Potentially more significant, Burke had special words of caution to
those who are in the business of growing marijuana even if they have a
cultivation license from the state. And he said even those on the
periphery, including property owners, landlords and organizations that
finance dispensaries, risk not just federal criminal prosecution but
also having the assets seized.

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

The governor said that conflict needs to be resolved.

"What we have here is a failure to communicate," said Brewer, quoting
from the movie "Cool Hand Luke." She said that leaves a bunch of
questions unanswered beyond the basic one of whether the Arizona law
is legal.

She wants to know whether state officials who issue dispensary
licenses can be prosecuted because they are "facilitating" the
distribution of marijuana. And Brewer said she fears that the state
Department of Public Safety could lose federal grants by refusing as a
matter of policy to arrest those caught with the drug simply because
they are complying with state law.