The following is the text of Alan Sobol’s January 10, 202 press release:
Allan Sobol the aggressive marketer of the Arizona Medical Marijuana Industry, filed a motion in Maricopa County Superior Court today asking Judge Dean Fink, to impose a preliminary and permanent injunction against Arizona Governor, Jan Brewer and Will Humble, Director of the Arizona Health Department . If granted by the Court the Injunction would enjoin the Governor and Humble from expending any public funds to impede, delay or in any way whatsoever, prevent the full implementation of the of the Arizona Medical Marijuana Act.(AMMA). Sobol says, “It is an outrageous abuse of the public’s trust, and violation of her constitutional obligations for the Governor to abuse public funds to overturn the will of the voters. This malfeasance must be stopped! Public policy and legal precedent, mandates that the Governors actions be brought into check with the will of the voters. This motion seeks to enjoin the Governor from using public funds to impede, or delay the AMMA.
Filed in May, Brewer’s federal complaint was one of three cases she filed to limit the AMMA. Brewer argued that state officials fear federal prosecution for implementing the law, despite Arizona’s former top federal prosecutor saying publicly the federal government has “no intention of targeting or going after people who are implementing or who are in compliance with state law.” The U.S. Justice Department federal even filed a motion to dismiss the case. Brewer also filed two additional cases in State Superior Court attempting to limit access to patients.
The Arizona Voter Protection Act, enshrined in our state constitution, w as specifically meant to preclude the Gov ernor and her administration from stopping a voter initiativ e, passed by a majority of the voters in Arizona, from going int o effect. While the executive branch seeks to disgu ise its efforts as a civil complaint, if the cou rt granted the requested relief, the effect will be the same: Qualified patients would have been denied their rig ht to obtain voted approved medical marijuana.
In last weeks ruling, U.S. District Court Judge Susan R. Bolton said there is no genuine threat of imminent federal prosecution of state officials who carry out the law. While the Judge did grant the Governor thirty days in which to amend her compliant, Judge Bolton, nevertheless stated in her Order that she is “unconvinced” that the State could correct the defects in the case. The Judge did focus on the “ripeness issue”, a point driven home by ACLU attorney Ezekiel Edwards.
According to a spokesperson for the Governor, Brewer is intending to refile her case to Stop the Medical Marijuana Act.
The Arizona Association of Dispensary Professionals, llc (AADP) represented by attorney Thomas Dean, was the first defendant to challenge the Governors complaint. AADP is Arizona’s largest marijuana trade organization representing the interest of over 10,000 members. AADP believes the Governor’s complaint was disingenuous and frivolous and a concerted scheme with other government officials who conspired to thwart the will of the Arizona voters and intentionally delay, impede, and otherwise prevent the AMMA from being implemented. Allan Sobol, President of AADP, has repeatedly stated, “This is not about marijuana use, this is about government abuse. Whether you are pro or con marijuana you need to be alarmed with the Governors underhanded attempts to over ride the will of the Voters”.
As Governor, Brewer is vested with the supreme executive power of Arizona and is responsible for the faithful execution of all laws, including the Arizona Medical Marijuana Act. The mask has now come off the Governors face, Sobol says, any guise that the Governors legal efforts were truly intended to protect state employees few out the door when the Federal Court dismissed her case. The administration seeks to destroy any hope of a viable Medical Marijuana program, which reveals its underlying contempt for the will of the people and the rule of law.
Arizona voters in 2010 passed Proposition 203, which allows seriously ill patients in Arizona to use marijuana as medicine with a doctor’s recommendation. The law allows marijuana to be distributed by tightly regulated clinics to patients with state-issued registry cards and exempts from state prosecution not only seriously ill Arizonans but also their caregivers and a limited number of certified, non-profit medical marijuana dispensaries that will serve qualifying patients.
The state has issued approximately 19,000 medical marijuana cards to qualified patients collecting almost 3 million dollars in fees, but has fraudulently failed to provide a way, consistent with the AMMA, for patients to obtain their voter approved medication .
The entire text of Sobol’s Motion can be found at: Seed2success.com/enjoingovernor.html
Attorney Tom Dean can be reached at: 602-635-4990
For additional information or questions please contact:
Allan Sobol, President