Maricopa County Attorney Bill Montgomery is asking an appeals court to temporarily suspend a judge’s ruling on the legality of Arizona’s medical marijuana program.
Montgomery is appealing a judge’s ruling that the county must provide zoning clearance for a Sun City medical marijuana dispensary because federal drug law doesn’t stand in the way of implementing Arizona’s medical marijuana law.
The Court of Appeals scheduled a hearing Thursday on Montgomery’s request Friday for a stay.
State Health Services Director Will Humble says a stay of Judge Michael Gordon’s ruling might affect only processing of the Sun City dispensary’s application.
But he says a broad ruling on federal pre-emption could affect the entire medical marijuana program.
Montgomery contends county employees could be federally prosecuted if they facilitate marijuana growing, distribution or marketing.