Maricopa County Attorney Bill Montgomery Tells Board of Supervisors to Put the Brakes on Medical Marijuana Dispensaries

Arizona Republic:  “Maricopa County Attorney Bill Montgomery on Thursday formally advised the Board of Supervisors to opt out of the state’s medical-marijuana program ‘unless and until the potential criminal prosecution of county employees is resolved.’  He urged supervisors not to accept or process any more applications for medical-marijuana dispensaries or cultivation sites, or to issue any permits on county-controlled land pending the outcome of the state’s lawsuit.”

The following is the Maricopa County Attorney’s summary of the issues he addresses in a May 26, 2011May 26,2011, letter to the Maricopa County Board of Supervisors:

“In light of the potential that County employees could be subject to federal prosecution for violation ofthe Controlled Substances Act if they participate in actions that would implement the Arizona Medical Marijuana Act, my Office advises the Board that it issue directives to the effect that, unless and until this apparent threat is conclusively removed, no County employee should: (a) accept any further applications for medical marijuana d ispensaries or cultivation sites; (b) further process any such pending applications; or (c) issue any certificates, permits or other authorizations or justification for medical marijuana dispensaries or cultivation sites. This advice is based up the legal analysis done by this Office and is not a ‘policy’ based recommendation.”