Arizona’s high court won’t intercede to block medical-marijuana law

PTSD is one of the most commonly prescribed conditions which marijuana can help with. Numerous studies have shown how effective the plant can be when it comes to helping with PTSD, and there is really no other treatment available. Many army veterans can attest to the usefulness of marijuana in treating the condition.

Arizona says no to Health and Wellbeing

Unfortunately for those suffering from PTSD, the Arizona Supreme court will not remove restrictions on medical marijuana to those who have the condition. Without comment, the justices rejected arguments by the Arizona Cannabis Nurses Association that former state Health Director Will Humble acted illegally in imposing certain conditions before a doctor can recommend the drug, a policy maintained by successor Cara Christ. There are no similar requirements for others who are entitled to legally use the drug. The fact that the justices decline to comment has led to much public criticism. Usually in these cases there is lengthy reasoning given on why cases get rejected. This is what is to be expected from highly respected Supreme Court Justices, that they would give intelligent, rational, long, lengthy reasonings discussing the merits of the decision.

Yet these particular Justices declined to give any sort of explanation. This behavior is beyond odd. Thankfully, Attorney Ken Sobel, who represents the Arizona Cannabis Nurses Association, said he may make a federal case of this by arguing that the differential — and he says discriminatory — treatment of PTSD patients violates the Equal Protection Amendment of the U.S. Constitution. The current marijuana law in Arizona stipulates a number of conditions under which marijuana may be obtained from a medical dispensary. If the resident can get a doctor’s cert stating that he or she has a certain condition such as Glaucoma, AIDS, Parkinson’s or another debilitating condition, then they are entitled to two ounces of marijuana every fortnight. For some reason PTSD is not on this list, and it really does not make sense given how effective marijuana is at treating this condition.

Judicial Corruption?

And the refusal to allow an exemption for PTSD indicates corruption, especially now that there has been no explanation given for the ruling. The main reason given for the lack of reasoning can only be that there is no reasoning. Why should one condition such as Glaucoma, which marijuana is moderately effective at treating, be allowed, while PTSD, which is more common and which marijuana excels at treating, be outlawed? The Justices could have made some references that there are no proven scientific benefits of PTSD in the treatment of PTSD. Though this is actually incorrect (Aside from thousands of personal reports there is lots of scientific studies alluding to its effective usage for the treatment of marijuana) it would have least been an argument, and the Justices might have been viewed simply as incompetent rather than corrupt.

Legislators and politicians in Arizona are stoutly anti-marijuana, and stoutly aligned with their own financial interests. Maricopa County Attorney Bill Montgomery had sought to use federal law to block new dispensaries and to effectively void the decision by voters to legalize the drug for medical use. He has made it next to impossible for dispensaries to open up. Dispensaries are only allowed to open their doors in Arizona (And numerous other states) when they have obtained the zoning permits ensuring that the site is properly zoned. Montgomery requested state officials not to respond to inquiries from dispensaries to obtain zoning permits. Why a state representative would go against the wishes of the people is a question that needs to be asked, and answered. Montgomery is actually siding with the Federal government, and argued that because marijuana is an illegal drug at the Federal level, it would be unlawful for officials to delegate the permits. Montgomery is using a technically to deprive sufferers of chronic pain, insomnia, cancer, Parkinson’s, ADHD, Lumens, Migraines, Cysts and more of a relief for their respective dreadful illnesses. He contended anything the state enacts cannot preempt federal law. Montgomery also stated that the supremacy clause of the U.S. Constitution makes federal laws supreme and says “the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding. This poorly worded sentence is not true, as the judges in individual states are not bound by such laws. As per Judge Donn Kessler, the fact that Arizona has chosen to legalize the possession and sale of marijuana simply immunizes those involved from being prosecuted under Arizona law. He said there is no conflict with federal law because the federal government can still enforce its own laws.

A Sad day for Arizona

To say the least the actions of “representatives” such as Montgomery are contemptible at best, and deplorable and life threatening at worst. Money is the only possible reason why he is acting the way he is, as only the most naïve could believe that he is refusing to let marijuana dispensaries operate because it is “illegal”, when medical dispensaries have been operating in other states for decades. His thin veneer of reasoning shows contempt not just for the intelligence of the people of Arizona, but also for their health and wellbeing.


Geez, there seem to be a lot of people named Ann who write marijuana blogs. Well, that’s my name too, and when I asked my mom why she decided to give me such a mundane label she explained that the name Ann meant God has favored me. My name took on a whole new significance and I no longer thought it boring. And God has favored me – he gave me the gift of the gab and he smiled his approval when I decided to move to San Francisco. I love this city, I love the people, and most of all I love writing about marijuana.

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