PHOENIX – A company is suing Maricopa county for refusing to act on its request for a license.
The White Mountain Health Center wants to open a medical marijuana dispensary in an unincorporated part of Maricopa County in Sun City that requires a county zoning approval. The center said the county is stalling approving its application in order to prevent it from seeking a state operating license.
“Maricopa County Attorney Bill Montgomery has taken the position that any sort of zoning ordinance approval, or stating that there is a zoning ordinance applicable, is in violation of the Federal Controlled Substance Act and, as such, he won’t do it,” said attorney Ryan Hurley.
Montgomery advised the County Board of Supervisors not to get involved in the medical marijuana program. He felt that approving a marijuana dispensary on county land could make county employees accomplices to a federal crime because marijuana is not an approved drug under the federal Controlled Substances Act.
Montgomery, the Arizona Department Of Health Services, and DHS Director Will Humble are named as co-defendents in the lawsuit.
The center said the Medical Marijuana Act approved by Arizona voters allows cities to impose “reasonable” zoning restrictions for dispensaries.
Hurley said that Maricopa County could see more lawsuits in the future.
“Some cities and counties have passed zoning restrictions that are overly restrictive or very difficult to meet,” he said. “In which case, a lot of applicants are unable to find a location that meets the requirements are will be approved to make an application.”
Hurley said it’s difficult to say whether this lawsuit, or any others like it, will be successful in court.
Hurley is an expert on the medical marijuana law, but is not involved in this case and not representing either side.
- The best places to celebrate Fall in Phoenix
- Infamous athletes who did the most time for their crimes
- 2016 baseball highlights, bloopers and blunders
- See how CFOs really feel about business in the Valley
- The best television shows on the internet
- A preseason guide to avoid holiday weight gain
- The 5 worst things you could do for your roof
- 6 coolest things brewing in Arizona
- The virus that keeps head and neck cancers on the rise
- State Fair ‘Kid Reporter’ has all the angles covered
- 4 important things to know about timeshare maintenance fees
- Signs of delayed car crash injuries
- The truth about sports concussions
- The Alzheimer's epidemic: Facts you need to know
- The season is here, keep your Fantasy Football team strong all season
- 8 TV shows you can't miss this fall
- Football is here: 6 tips to make this your best season ever
- Gameday recipes and beers to match
- 6 reasons the Cardinals are driven to win the Super Bowl
- The Pac-12 football season nears kickoff
- Tips to get ready for a pain-free golf season
- Protect your family with these 7 home security features
- How to train like an Olympic swimmer
- 2016 Olympics: A guide to must-see TV events
- The bride's guide to feeling your best on your wedding day
- Deciding when you need knee surgery
- Celebrating Fourth of July is much cooler in these AZ towns
- Top ten road trip bathrooms in America
- Six things causing a pain in your neck
- 5 things to make your summer move easier