Global Ganja Report

Arizona's 2010 voter-approved state law authorizing "the local cultivation, sale, and use, of medical marijuana" is not preempted by the federal Controlled Substances Act, according to the Superior Court of Arizona, Maricopa County. The ruling, issued earlier this month by Judge Michael Gordon, allows for the establishment of state-licensed medicinal cannabis dispensaries within Arizona—the first of which opened its doors last week. State-licensed medical marijuana facilities now operate in several states, including Colorado, New Jersey, New Mexico, and Maine.

State health officials in Arizona are finally accepting applications to operate medical marijuana dispensaries, after months of delays due to rule-making and litigation—including an unsuccessful bid by Gov. Jan Brewer to block the program in the courts. The voter-approved Arizona Medical Marijuana Act calls for the state to establish a Medical Marijuana Program, with up to 126 dispensaries. Several requirements that caused concern for potential applicants have been removed; most notably, a prior bankruptcy was eliminated as a disqualifying factor.

A federal judge on Jan. 4 granted an American Civil Liberties Union (ACLU) request to throw out a lawsuit filed by Arizona Gov. Jan Brewer seeking to strike down the state's voter-approved medical marijuana law. Filed in May, Brewer's suit argued that state officials could face federal prosecution for implementing the law—despite Arizona's then-US Attorney Dennis Burke stating publicly that the federal government has "no intention of targeting or going after people who are implementing or who are in compliance with state law." In throwing out the suit, US District Court Judge Susan R. Bolton said there is no genuine threat of imminent federal prosecution of state officials who carry out the law.

State, local and federal law enforcement in Arizona announced Oct. 31 that they have dismantled a smuggling ring allegedly operated by the Sinaloa Cartel, which is believed to have trafficked some $2 billion of drugs from Mexico through the state over the past five years. "We in Arizona continue to stand and fight the Mexican drug cartels, who think they own the place," Pinal County Sheriff Paul Babeu said in a statement about the investigation, dubbed Operation Pipeline Express. A total of 76 individuals are being held in connection to the ring, from organizational bosses to stash-house guards to those who transported the drugs in backpacks and in vehicles. Weapons and large bundles of compacted cannabis were seized in the raids.

Arizona Attorney General Tom Horne on Aug. 8 asked a Maricopa County Superior Court judge to shut down three unlicensed Phoenix-area medical marijuana establishments that he said illegally charge fees to provide patients with cannabis. Horne said in a press release that the clubs "falsely claim to be operating lawfully under the Arizona Medical Marijuana Act."

New Jersey Gov. Chris Christie held a press conference July 19 to announce his plans to "begin work immediately" on his state's pending medical marijuana program. "We're moving forward with the program as it was set up," said Christie, with the expectation that licensed Alternative Treatment Centers could be up and operating as early as the end of 2011. Christie said he believed "the need to provide compassionate pain relief to these citizens of our state outweighs the risk we are taking in moving forward with the program." Christie's announcement comes in spite of threats from US Attorneys on the issue and a June 29 memorandum from Deputy Attorney General James Cole.

In three separate incidents in 24 hours July 6, Border Patrol agents in the Tucson sector seized more than 3,000 pounds of cannabis, claiming an estimated value of $1.5 million. In the first bust, a canine unit alerted to a vehicle during an inspection at the Hwy. 80 checkpoint, turning up 88 small bundles of cannabis concealed in the vehicle's compartments. The driver, a US citizen, is facing federal charges.

Arizona voters approved Proposition 203, authorizing the possession of up to two-and-a-half ounces of medical marijuana, according to results released by the Arizona Secretary of State Nov. 13. The measure, voted on during the midterm elections earlier this month, was too close to call on election night and remained so until all votes were counted this weekend, resulting in a final tally of 50.13-49.87%.