A voter-backed initiative in any state, large or small, is a greater reflection of American principles than a line item in an Act signed by an impeached President that ignored the principles of personal liberty and individual responsibility. Based on this position, the Controlled Substances Act must be amended to exclude states with medical marijuana laws and IRS Code Section 280E must be amended to exclude licensed dispensing facilities in states with medical marijuana laws.
If Proposition 203 had failed, there would be no room for discussion regarding implementation of the law known today as the Arizona Medical Marijuana Act. Elections are a zero-sum game, for candidates and initiatives alike. However, the 2010 ballot included both Arizona Attorney General Tom Horne and the Arizona Medical Marijuana Act. The AG may not use taxpayer funds to fight Arizona state laws. The State Legislature may not work against the voters will as they are trying to do with SB 1441.
The 1998 Voter Protection Act blocks the governor and the legislature from overturning majority vote initiatives. As the county attorneys who want to stop the implementation of the Arizona Medical Marijuana Act are not members of the State Legislature and do not hold executive office, they are not subject to penalties defined in the Arizona constitution. It is the Council's position that county attorneys have a duty to taxpayers to stay within the scope of their role by prosecuting criminals who break state and local laws. Federal violations are to be handled by the U.S. Attorney’s office.