The Council sees actions by county attorneys in Arizona as detrimental to the implementation of existing Arizona law. Sheila Polk, William Montgomery, Barbara LaWall, and 10 other county attorneys have signed a letter dated July 24, 2012 asking Governor Janice K. Brewer to violate A.R.S. § 36-2818 and Article 4, Part 1, Section 1 of the Arizona Constitution on the basis of federal preemption. Although federal preemption was not cited in the 2005 California medical marijuana case, Gonzales v. Raich, the so-called conservatives in Arizona have used that case to take the other side of think tanks such as the Goldwater Institute.
“If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything – and the Federal Government is no longer one of limited and enumerated powers.”
Justice Clarence Thomas
Some perspective from the Goldwater Institute regarding Gonzales v. Raich
“Let me be absolutely clear, it is against the law for an individual, whether you are a qualified patient or caregiver, to grow marijuana, so stop.”
Bill Montgomery, Maricopa County Attorney
Tom Horne vs. Andrew Myers
Mitt Romney on Medical Marijuana