Dispensaries Sue ADHS in Arizona Court of Appeals Seeking an Order that State Implement Arizona’s Medical Marijuana Laws

Yesterday attorney David Dow filed an Emergency Petition for Special Action re: Writ of Mandamus in the Arizona Court of Appeals.  The lawsuit ask the Court to issue an Order:

“A.  In the form of an emergency Writ of Mandamus commanding Respondent [Will Humble as ADHS Director] to fully implement the AMMA by accepting dispensary applications within thirty (30) days of the execution of this Writ, and to process those applications and issue licenses within the timeframes outlined in the AMMA;

B.  To find that Respondents’ action in refusing to accept and process such dispensary applications, and to issue dispensary licenses is arbitrary and capricious and an abuse of discretion;”

The plaintiffs in the lawsuit are: (1) O.F. & C., INC., an Arizona Non-Profit Corporation, d/b/a THE VIRTUE CENTER; (2) ELEMENTS THERAPEUTIC DISPENSARY, an Arizona Non-Profit Corporation; (3) ARIZONA DISPENSARY SOLUTIONS, L.L.C., an Arizona Limited Liability Company; (4) ARIZONA ALTERNATIVE RELIEF CENTERS, INC., an Arizona Non Profit Corporation d/b/a MEDICAL MARIJUANA DISPENSARIES; (5) PROTECT ARIZONA PATIENTS, INC., an Arizona Non-Profit Corporation; (6) CULTIVATION MANAGEMENT SERVICES, an Arizona Limited Liability Company; (7) HEATHER TORGERSON; and (8) STEPHEN JOHNSON.