PHOENIX, Aug. 24, 2012 /PRNewswire-USNewswire/ — Arizona Attorney General Tom Horne and Maricopa County Attorney Bill Montgomery filed separate motions for summary judgment in Superior Court on August 23rd, 2012 stating that the licensing of medical marijuana dispensaries in Arizona is unconstitutional under federal law.

The Arizona Medical Marijuana Act that allows state-licensed dispensaries won a majority vote in November 2010 with 841,348 votes. Tom Horne had previously filed a ...]]> Recent actions by Tom Horne and Bill Montgomery give rise to the Patient Liberty movement

PHOENIX, Aug. 24, 2012 /PRNewswire-USNewswire/ — Arizona Attorney General Tom Horne and Maricopa County Attorney Bill Montgomery filed separate motions for summary judgment in Superior Court on August 23rd, 2012 stating that the licensing of medical marijuana dispensaries in Arizona is unconstitutional under federal law.

The Arizona Medical Marijuana Act that allows state-licensed dispensaries won a majority vote in November 2010 with 841,348 votes. Tom Horne had previously filed a Motion for Declaratory Judgment in federal court that held up the dispensary program for almost a year, but the case was dismissed. The ongoing conflict has given rise to the Patient Liberty movement.

The American Council for Patient Liberty is a voter interest group based on the principles of the grassroots Tea Party movement. The Council champions a limited form of central government that provides more power to the states in matters of personal choice and freedom. It has been formed with the purpose of promoting the following values:

State rights – State and county officials should be protecting laws backed by voting citizens, not fighting them
Voter protection – State & local taxpayer money must not be used to subvert the will of voters
The removal of politicians from office who are sanctioning the violation of the above principles

The Council’s position is that a voter-backed initiative in any state, large or small, is a true reflection of democracy when it enhances personal liberty and individual responsibility. Based on this position, city and county officials should not use their official capacity to break the laws of Arizona or any other state in the nation. Rather, they should fight for the laws enacted by their respective state.

The Council focuses primarily on these two major Tea Party principles regarding the Controlled Substances Act:

Reduce the bloated federal workforce
Curtail excessive federal regulation

Arizona has had many clashes with the Federal Government regarding immigration, healthcare, and other issues on the basis of state rights. It is remiss to believe that seeking federal preemption in a medical marijuana case will be an isolated “win” that will not affect any other issues. Such a ruling may permanently handicap the power of state governments throughout the nation while growing the authority of the Federal Government in matters that were previously handled by the state.

The American Council for Patient Liberty would like to invite Tea Party members and advocates to contribute to the movement to end excessive government regulation and reign in spending by state and county officials that could thwart the will of voters in any manner.

The Council uses contributions for various activities including civic education and awareness, political advertising, and recall campaigns against state and county elected officials who are interfering in the relationship between patients, their physicians, and state-licensed dispensing facilities.

From Phoenix Business Journal

January 26, 2011

Governor Jan Brewer and AG Tom Horne put the Arizona medical marijuana dispensary program on hold:

May 24, 2011

Even though the dispensaries are not allowed to open at the time, Tom Horne still believes they are subject to Arizona Transaction Privilege Tax:

July 7, 2011

Tom Horne is told to keep it short by a Federal judge:

August 9, 2011

The Arizona Department of Health Services announces that the medical marijuana ...]]> Remove Tom Horne from the position of Arizona Attorney General

First AG Tom Horne wanted to tax medical marijuana:

January 26, 2011

Governor Jan Brewer and AG Tom Horne put the Arizona medical marijuana dispensary program on hold:

May 24, 2011

Even though the dispensaries are not allowed to open at the time, Tom Horne still believes they are subject to Arizona Transaction Privilege Tax:

July 7, 2011

Tom Horne is told to keep it short by a Federal judge:

August 9, 2011

The Arizona Department of Health Services announces that the medical marijuana dispensary application process will proceed:

January 13th, 2012

Once again now, Attorney General Tom Horne has issued an opinion to stop the implementation of the Arizona Medical Marijuana dispensary program.

August 6, 2012

Governor Jan Brewer allows Tom Horne to intervene in an ongoing medical marijuana case using federal preemption while “putting a wall” between herself and the AG:

August 9, 2012

Tom Horne was elected to the position of Attorney General on the same ballot as the Arizona Medical Marijuana Act. It is the Council’s opinion that the initiative voted for by 841,348 citizens of Arizona must be protected at all costs.

Help us fight Tom Horne.

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“Montgomery said this week that his interpretation of the Arizona Medical Marijuana Act is that anyone growing marijuana, whether or not they are registered with the state, can be prosecuted. Likewise with people selling marijuana, such as the operators of a dispensary. The Republican county attorney also ...]]> Remove Bill Montgomery from the position of Maricopa County Attorney

Bill Montgomery vs. 841,348 voters who voted YES on Proposition 203

Disclaimer: Video may include advertising. We are NOT associated with Allan Sobol in any way, shape, or form.

“Montgomery said this week that his interpretation of the Arizona Medical Marijuana Act is that anyone growing marijuana, whether or not they are registered with the state, can be prosecuted. Likewise with people selling marijuana, such as the operators of a dispensary. The Republican county attorney also believes the Arizona Legislature can legally ban all abortions, despite Roe. V. Wade.”

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Recall Petition

“I have been told that the newly appointed U.S. Attorney for the District of Arizona, John Leonardo, fully intends to prevent any dispensaries from operating in Arizona by seizing each and every one as it opens and commits violations of the CSA (Controlled Substances Act),” Polk wrote to the governor.

Polk said she got that information from Coulson, who said he had talked to Leonardo. While he doesn’t know exactly what ...]]> Remove Sheila Polk from the position of Yavapai County Attorney

Is Sheila Polk on solid ground?

“I have been told that the newly appointed U.S. Attorney for the District of Arizona, John Leonardo, fully intends to prevent any dispensaries from operating in Arizona by seizing each and every one as it opens and commits violations of the CSA (Controlled Substances Act),” Polk wrote to the governor.

Polk said she got that information from Coulson, who said he had talked to Leonardo. While he doesn’t know exactly what Leonardo will do, he said he knows Department of Justice policy.

“The Department of Justice position has been not to let these dispensaries operate,” Coulson said. “Landlords will be at risk of having properties seized.”

Bill Solomon, spokesperson for the U.S. Attorney’s Office in Arizona, would not respond directly to questions but issued a statement saying Polk’s representation of the U.S. Attorney’s position is inaccurate. The office’s position has not changed since former U.S. Attorney for Arizona Ann Scheel wrote a letter to the governor about it, Solomon said.

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