Phoenix New Times:  “Arizona needs to start up the 2010 Medical Marijuana Act as voters intended, but without several of the rules designed to restrict dispensary applicants, a judge has ordered.  Maricopa County Superior Court Judge Richard Gama ruled on the Compassion First, LLC, lawsuit yesterday . . . .Gama nixed the rules that require dispensary applicants to:

* Have been an Arizona resident for three years
* Have filed personal income taxes in Arizona for the previous three years
* Have never before filed for personal or corporate bankruptcy
* Not be delinquent on child support, taxes, parking tickets, student loans or other unpaid debts to the government.

Those rules are ‘onerous and substantively alter the requirements of the Act,’ Gama wrote in his minute entry. ‘DHS cannot bootstrap substantive regulations of who may apply’…”

The following statements are taken from Judge Gamma’s Minute Entry dated January 17, 2012:

“DHS cannot bootstrap substantive regulations of who may apply onto its mandate that it consider such applications in a manner as to protect against diversion and theft. . . . The Court finds that DHS exceeded its statutory authority in promulgating these challenged regulations, and therefore they are invalid. . . .

IT IS ORDERED declaring the following regulations to be ultra vires and invalid:

R9-17-322(A)(2) (requiring applicant to have been an Arizona resident for three years);

R9-17-302(A)(4) (setting criteria that applicant have never filed personal or corporate bankruptcy);

R9-17-302(A)(1) (setting criteria that applicant has submitted Arizona personal income tax returns for previous three years);

R9-17-302(A)(2) (setting criteria that applicant is current on courtordered child support; is not delinquent in paying taxes, interest or penalties to the government; does not have an unpaid judgment to the government; and is not in default on a government issued student loan).

IT IS FURTHER ORDERED directing Defendants to implement the lawful provisions of the AMMA and, if necessary, to promulgate regulations that conform thereto.”

Results of Governor Brewer vs. the People of Arizona & Proposition 203 Lawsuits

People 2 – Brewer 0

Maybe the Gov needs to get a better lawyer.