BILL MONTGOMERY TO BOARD: OPT OUT OF MEDICAL-POT PROGRAM

Maricopa County Attorney Bill Montgomery on Thursday formally advised
the Board of Supervisors to opt out of the state's medical-marijuana
program "unless and until the potential criminal prosecution of county
employees is resolved."

He urged supervisors not to accept or process any more applications
for medical-marijuana dispensaries or cultivation sites, or to issue
any permits on county-controlled land pending the outcome of the
state's lawsuit. The state plans to ask the federal government for an
opinion on the legality of the Arizona Medical Marijuana Act today.

Currently, there is one dispensary and one cultivating site
application filed with the county.

Local jurisdictions can impose "reasonable" zoning restrictions for
dispensaries. The state was scheduled to begin accepting applications
for dispensaries on June 1. As a part of their applications,
prospective dispensary agents would need to submit a documentation of
compliance with local zoning rules, signed by a city, town or county
representative.

County spokeswoman Cari Gerchick said the supervisors will heed
Montgomery's opinion.

Two weeks ago, Montgomery advised supervisors not to take part in the
program, for fear of federal backlash. Although the U.S. Department of
Justice in 2009 released a memo discouraging prosecution of
medical-marijuana users, Montgomery said the same safeguards do not
exist for dispensary agents or local government employees who
implement the state's law.

Montgomery said he met with Attorney General Tom Horne and Gov. Jan
Brewer last week and shared the same opinion. Montgomery did not
clarify whether he had a role in the state's decision to file a
lawsuit, but he said he supports it.

"If there had been no action by the governor and the attorney general,
I most likely would have still proceeded with what I needed to do,"
Montgomery said.

Rather than having one out of 15 counties opting out and creating a
"checkerboard approach," the state's lawsuit sends a consistent
message to the federal government that state and county officials are
concerned their employees may be at risk of federal prosecution,
Montgomery said.

"The policy argument is done. Arizona voters wanted an Arizona
medical-marijuana program. That's fine, but can we do that legally?"
Montgomery said.

Montgomery has publicly opposed medical marijuana and was one of the
most outspoken local officials who joined the anti-Proposition 203
campaign last fall.