Arizona Attorney General
Medical Marijuana
Legal Clarity
On May 24, 2011, Governor Jan Brewer and Attorney General Tom Horne filed a Motion for Declaratory Judgment in federal court in order to get clarification on how the federal government intends to enforce drug laws and the impact on Arizona’s medical marijuana act.
Clarity is important because there are two official documents from the federal government that contradict each other. Court action is needed to force the federal government to clarify its position, otherwise Arizona state employees and other citizens who are following state law in good faith may find themselves targeted for federal legal action.
The two documents are linked below. The first is a 2009 memo from then-U.S. Deputy Attorney General David Ogden, which was distributed to all U.S. Attorneys, including the U.S. Attorney for Arizona, Dennis Burke. The second document is a 2011 letter from Burke to the Director of the Arizona Department of Health Services – the agency that wrote the rules that control the Arizona Medical Marijuana Act.
In part, the Ogden Memo states: “As a general matter, pursuit of these priorities should not focus federal resources in your states on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana.” (Emphasis added)
By contrast, the Burke letter states, in part: “The United States Attorney’s Office for the District of Arizona… will continue to vigorously prosecute individuals and organizations that continue to participate in unlawful manufacturing, distribution and marketing activity involving marijuana, even if such activities are permitted under state law…”
“…The public should understand… that even clear and unambiguous compliance with (the Arizona Medical Marijuana Act) does not render possession or distribution of marijuana lawful under federal statute.” (Emphasis added)
Here are the documents:
Ogden Memo marijuana