On May 27, 2011, Arizona sued the United States and asks the federal court to “declare the respective rights and duties of the Plaintiffs and the Defendants regarding the validity, enforceability, and implementation of the AMMA [Arizona Medical Marijuana Act]” and to “determine whether strict compliance and participation in the AMMA provides a safe harbor from federal prosecution.”  The defendants in the lawsuit are:

  • UNITED STATES OF AMERICA
  • UNITED STATES DEPARTMENT OF JUSTICE
  • ERIC H. HOLDER, JR., Attorney General of the United States of America, in his Official Capacity
  • DENNIS K. BURKE, UnitedStates Attorney for the District of Arizona, in his Official Capacity
  • ARIZONA ASSOCIATION OF DISPENSARY PROFESSIONALS, INC., an Arizona corporation
  • JOSHUA LEVINE
  • PAULA PENNYPACKER
  • DR. NICHOLAS FLORES
  • JANE CHRISTENSEN
  • PAULA POLLOCK
  • SERENITY ARIZONA, INC., an Arizona nonprofit corporation
  • HOLISTIC HEALTH MANAGEMENT, INC., an Arizona nonprofit corporation
  • JEFF SILVA
  • ARIZONA MEDICAL MARIJUANA ASSOCIATION (an unincorporated anonymous group loved by the media)

Why did Arizona name the people and entities as defendants?  I will refer to these people and entities collectively as innocent by standers?  Does the State expect the innocent by standers to hire a lawyer to file an answer and defend the lawsuit on the merits?  Does the State want the innocent by standers to sign a statement consenting to or acknowledging something?  Is the State hoping one or more innocent by standers will not file an answer to the complaint so the State can get a default judgment against one or more innocent by standers?

Read the entire Brewer_vs_United States complaint and the attached exhibits.  The complaint is an excellent summary of developments with respect to states that have legalized medical marijuana and the public positions taken by the U.S. Attorney with respect to enforcement of federal marijuana criminal laws in the 16 states that have legalized medical marijuana.

Read “Arizona U.S. Attorney: Brewer, Horne Twisting Medical Marijuana Memo.”