BREWER SIDES WITH FEDS IN POT LAWSUIT

Gov. Jan Brewer is altering her position on the state's
medical-marijuana legal case. She will now argue that the portion of
the law that authorized pot dispensaries is superseded by federal drug law.

Brewer's new tactic comes two days after U.S. District Judge Susan
Bolton ripped apart the state's medical-marijuana lawsuit, saying
that the state had to pick a side in the dispute and that it wasn't
enough to merely acknowledge that state and federal laws conflict.

Brewer had asked the federal court to clarify whether U.S. drug laws
override the voter-approved state law and, if not, whether state
workers are immune from federal prosecution if Proposition 203 is
fully implemented.

Brewer spokesman Matthew Benson said Wednesday that the Governor's
Office homed in on the dispensary aspect because of ongoing concerns
about state employees and whether they would be subject to prosecution.

"The governor believes that the distribution portion is pre-empted by
federal drug law, so the state's legal filing will be amended to
represent that," Benson said.

"The governor's primary concern has always been for the welfare of
her state employees."

Maricopa County Attorney Bill Montgomery, who has filed a motion to
intervene in the case, said Wednesday that he will focus on the same tactic.

"We've seen what happened, just next door in California, with
warnings to dispensaries and property owners that they are in
violation of federal laws," Montgomery said.

"There is nothing preventing the enforcement of those same federal
laws here in Arizona, and it would be very unwise for Arizona not to
seek to have this reconciled in a ruling."

Montgomery said if the court determines that Arizona can implement
the act without risk of prosecution, he will recommend that the county do so.

The state's lawsuit, filed in May, stalled the state's
medical-marijuana dispensary-permit process.

More than 16,300 people now have state-issued ID cards that allow
them to use medical pot for certain debilitating health conditions,
but would-be dispensary owners are on hold.

Supporters of the new state law, including the American Civil
Liberties Union, have filed a motion asking that the case be dismissed.

Republic reporter Mary K. Reinhart contributed to this article.