Arizona Republic:  “Arizona will ask a federal court today to clarify whether its voter-approved medical-marijuana law conflicts with federal drug statutes, launching what probably will be a lengthy legal battle that could cripple the state’s fledging industry and spark more legal action.  Gov. Jan Brewer also will put a temporary halt to the state’s permit process for marijuana dispensaries, set to begin Wednesday, with an executive order issued by Tuesday, her office said. She does not plan to stop issuance of medical-marijuana user-ID cards.”

The article quotes U.S. Attorney for Arizona Dennis Burke talking out of both sides of his mouth when he said:

“We have no intention of targeting or going after people who are implementing or who are in compliance with state law,” Burke said. “But at the same time, they can’t be under the impression that they have immunity, amnesty or safe haven.”

Arizona Republic:  “Arizona Attorney General Tom Horne will file a lawsuit by week’s end, asking a federal judge to weigh in on the legality of Arizona’s Medical Marijuana Act and whether those who manufacture or distribute pot under the law are subject to federal prosecution. . . . When asked whether she intended to instruct DHS to not issue dispensary permits, Brewer said, ‘we are moving in that direction.’  Her spokesman, Matthew Benson, said later that the governor’s advice to DHS on the subject was ‘imminent, in the next few days’.”

See “Arizona: Your Votes Don’t Count on Medical Marijuana,” in which the Marijuana Policy Project said:

“We cannot think of a single  individual — aside from possibly illegal drug dealers — who would  benefit from Governor Brewer’s actions today.  She has done a disservice  to her state and its citizens. . . .  the only  decision on whether the licensing of dispensaries would be federally  preempted has also found it would not be. It looks like Jan Brewer is  having a contest with San Diego County to see who can waste the most  taxpayer money on a futile attempt to overturn the will of voters.”

See also “Lawsuit could put hold on Arizona medical marijuana,” which says

“Brewer sidestepped repeated questions of why the state is not mounting a vigorous defense of the law.”

What follows is the text of Arizona Governor Jan Brewer’s May 24, 2011, press release.

Governor Jan Brewer today announced that she has directed Arizona Attorney General Tom Horne to file suit by the end of the week seeking a declaratory judgment from a federal court regarding the legality of the Arizona Medical Marijuana Act (AMMA).

“For the state employees charged with administering the medical marijuana program or the Arizonans who intend to participate as consumers, it’s important that we receive court guidance as to whether they are at risk for federal prosecution,” said Governor Brewer. “As explained in a recent letter from the U.S. Attorney for Arizona, the federal government considers marijuana a controlled substance. Arizonans deserve clarity on an issue with such dire legal implications.”

The Arizona Department of Health Services had been diligently implementing voter-approved AMMA provisions until it received a letter, dated May 2, 2011, from U.S. Attorney Dennis Burke. Burke’s letter warned that marijuana remains a Schedule I Controlled Substance, meaning that “growing, distributing and possessing marijuana, in any capacity, other than as a federally authorized research program, is a violation of federal law regardless of state laws that purport to permit such activities.” Burke declared that his office would “vigorously prosecute individuals and organizations that participate in unlawful manufacturing, distribution and marketing activity involving marijuana, even if such activities are permitted under state law.”

The U.S. Attorney’s letter raises significant questions about the legality of both the AMMA and related Arizona Administrative Code provisions. In particular, Governor Brewer is concerned for the vulnerability of state employees charged with administering the AMMA, including, but not limited to, the issuance of dispensary licenses and qualified-patient registration cards. If a federal prosecutor were to decide that such activities are contrary to federal law, state employees may be subject to federal prosecution.

Medical marijuana also presents uncertainty for state law enforcement. The U.S. Attorney’s letter calls into question the ability of the Arizona Department of Public Safety (DPS) to maintain federal grant monies, the department’s enforcement activities and federal task force actions, and the employment status of DPS employees who could be in violation of federal law while participating as consumers in the AMMA.

For these reasons and others, a declaratory judgment action regarding medical marijuana in Arizona is necessary to determine whether AMMA violates federal law and, therefore, is void.

“The State of Arizona has worked to follow the wishes of voters,” said Governor Brewer. “But I won’t stand aside while state employees and average Arizonans acting in good faith are unwittingly put at risk. In light of the explicit warnings on this issue offered by Arizona’s U.S. Attorney, as well as many other federal prosecutors, clarity and judicial direction are in order.”

Will Humble said the following on his blog today about the Governor’s action:

“We understand that the Governor and the Attorney General are seeking a declaratory judgment in federal court regarding the implementation of the Arizona Medical Marijuana Act. When further information is available, ADHS will update you. Until then, the Department will continue to issue Qualifying Patient and Designated Caregiver Registry Cards on our website.”