Horne Says Suit Seeking Guidance on Prosecution Risks Is Only Logical

POT LETTER MISREAD, SAYS US ATTORNEY

PHOENIX - The top federal prosecutor in Arizona said Gov. Jan Brewer
and Attorney General Tom Horne are distorting the facts on the issue
of medical marijuana, and the risk of federal prosecution of state workers.

Brewer and Horne announced earlier this week they will file suit,
based on concerns about a letter from Dennis Burke, the U.S. attorney
for Arizona, which they say suggests state employees who process
permits under the voter-approved law could be charged with violating
the federal Controlled Substances Act.

The pair said their concern is protecting state workers and others
involved with medical marijuana, and is not a reflection of their
opposition to the initiative.

Brewer said Burke's letter to Health Director Will Humble earlier
this month warned that compliance with Arizona's new medical
marijuana law does not immunize anyone from federal prosecution.

The yet-to-be-filed lawsuit is expected to ask a federal judge to
determine what legal protections, if any, Arizona's voter-approved
law provides.

Burke said his letter simply spelled out the priorities his office
has in going after those who sell, transport or use marijuana, and
never mentioned state workers. The point his letter made is that he
would not prioritize going after patients who use medical marijuana
under Arizona law, Burke said.

Gubernatorial press aide Matthew Benson conceded that Burke never
mentions state workers, but said just because Burke didn't say it
doesn't mean state workers have nothing to fear.

Horne likewise responded that Burke's not specifically mentioning
state employees did not mean they are not at that risk.

Burke's position that compliance with the state medical marijuana law
is no protection from federal prosecution, Horne said, leads to the
logical conclusion that state employees could be at risk by issuing
permits to let people grow, sell or possess marijuana, which could be
seen as "facilitating" the distribution of the drug.

Burke said if there was any confusion, Brewer and Horne could have
called him or written back for clarification instead of grandstanding
at a press conference and filing a lawsuit.

He said a suit asking a judge to rule Arizonans can ignore federal
drug laws is a waste. "A federal judge isn't going to tell a U.S.
attorney what he can and can't enforce," Burke said.

And Burke pointed out that Humble, whose department is charged with
implementing the law, was not alarmed by the May 2 letter, or worried
about how it would affect his staffers who are processing the permits
for those who want to use marijuana as well as those who want to
operate dispensaries or even cultivate the drug.

Humble continues to have his employees issue permits for marijuana users.

In a separate development Thursday, Maricopa County Attorney Bill
Montgomery advised county supervisors to stop doing anything to
implement the law until the conflict with federal laws is resolved.
The county must approve zoning and use permits for marijuana facilities.

Amelia Cramer, the chief deputy Pima County attorney, said her office
has not been asked for an opinion on the law and how it affects county workers.