BREWER OPPOSING MARIJUANA DISPENSARY PROVISION

PHOENIX - Gov. Jan Brewer decided Wednesday to ask a federal judge to
overturn a key portion of the state's voter-approved medical marijuana law.

Press aide Matthew Benson said his boss is now taking the position
that federal law preempts a provision in last year's initiative which
requires the state to issue permits for about 125 dispensaries where
medical marijuana users can legally purchase the drug. She wants U.S.
District Court Judge Susan Bolton to rule that Arizona cannot process
the applications from would-be dispensary owners.

The move comes two days after Bolton told attorneys for the state she
would throw out Brewer's original lawsuit which simply asked the
judge to decide if state employees can be prosecuted under the
federal Controlled Substances Act for processing permits. Bolton said
the state has to pick a side: Either federal law trumps last year's
initiative, or the state can implement its law despite federal statutes.

Benson said Brewer has chosen the former position, even though that's
contrary to what voters mandated.

"But she also she also has to look out for the well-being of her
state employees," he continued. "No state employee should be put in a
position where they could face federal prosecution simply for doing
their jobs."

Brewer's move drew derision from Joe Yuhas, spokesman for the Arizona
Medical Marijuana Association, the organization left over from last
year's successful initiative drive.

"That's unfortunate," he said.

"I also think it's somewhat ironic that a state government that seems
to continuously question federal preemption, whether it's health care
or immigration, now runs behind that shield in an effort to thwart
the will of the voters."

Brewer is one of several governors challenging the federal health
care law. And she is taking the position at the U.S. Supreme Court
that Arizona can have its own immigration laws despite claims by the
Obama administration these are preempted by federal statutes.

But Benson said there is no contradiction.

"The governor has never claimed state law supersedes federal law," he said.

"The argument has always been federal government, do your job,
enforce the law, enforce immigration law, enforce drug law," Benson said.

The voter-approved law allows those with a doctor's recommendation to
get a state ID card allowing them to obtain and possess up to 2 1/2
ounces of marijuana every two weeks.

Brewer, who opposed Proposition 204, is not asking Bolton to
invalidate that part of the law. So far the state has issued more
than 16,000 such cards.

The initiative also directed the health department to license about
125 dispensaries where medical marijuana users could legally purchase the drug.

State Health Director Will Humble earlier this year wrote a letter to
Dennis Burke, who at the time was the U.S. Attorney for Arizona,
specifically asking whether his employees might face prosecution
because they were facilitating the sale of marijuana. Burke did not
directly answer that question but did say that, in general, he cannot
offer immunity to anyone for violating federal drug laws.

Brewer responded by directing Humble to not even accept applications
from those who want to operate one of the non-profit dispensaries the
law envisions. And she had Attorney General Tom Horne to file suit,
asking Bolton for clarification.

But Bolton on Monday said she cannot legally do that until the state
decides which side it is on, leading to Wednesday's decision.