MARIJUANA LAW UP FOR INTERPRETATION OR JUST DRAMATIC
READING?

There has been a lot of interpretive work going on with Arizona's
medical marijuana law. Some of it is legal interpretation, and some is
more theater-based.

At the moment, these dramatic readings are stalling full
implementation of the voter-approved law.

It is up to voters to decide if the politicians and lawyers are
sincere or just giving themselves the air of a dying swan in this
political play.

Gov. Brewer says she is taking very seriously a letter from Dennis
Burke, the U.S. Attorney for Arizona, to Health Director Will Humble
warning that anyone involved in the purchase or use of marijuana could
be prosecuted by the feds, despite the state approval.

The governor says the state law, therefore, puts state employees at
risk of arrest if they start facilitating medical marijuana
distribution. Humble, represented by state Attorney General Tom Horne,
feels the same way, so strongly that he turned away the first
application for a dispensary.

With Burke writing such things as, "This compliance with Arizona laws
and regulations does not provide a safe harbor, nor immunity from
federal prosecution," the reaction of the three state officials sounds
logical. It is their interpretation of Burke's intent that is forcing
this into court.

But is it real or just performance? Do Brewer and Horne genuinely
believe the federal government will be pounding down Humble's door? Or
are they exaggerating the Burke letter as an excuse not to put the law
they dislike into action?

Is Burke serious about the federal-over-state statements he made in
the letter, or was that all just a recitation according to form?
Clearly the federal government is not shy about mixing it up with Arizona.

And that is why all of this performance comes into question. The state
has been aggressive in defending its laws that push back at the feds,
at least laws made by lawmakers. Laws approved directly by voters and
unpopular with lawmakers? That is a bit different.

The interpretations on both sides of the medical marijuana
implement-don't implement debate leave much to be desired. The voters
would be better off with real government action rather than all of
these dramatic readings.