The Arizona Supreme Court has blocked Maricopa County Attorney Bill Montgomery’s effort to interfere with the state’s medical marijuana laws. In 2012, Montgomery instructed the Maricopa County Board of Supervisors to deny White Mountain Health, a medical marijuana dispensary, from doing business in the County.
Montgomery claimed that the supervisors could ignore state law because marijuana is still prohibited by the federal government.
White Mountain Health sued. Montgomery argued that if the County won in court, it would create a precedent that would block any medical marijuana establishments from opening in the state.
Maricopa County Superior Court Judge Michael Gordon ruled against Montgomery due to his “transparent attempt” to interfere with state law.
Montgomery appealed the case to the state Court of Appeals. He lost there in a 3-0 decision.
Montgomery then took the case to Arizona Supreme Court.