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.
- 7 common ways to get sued by your employees
- Why it might be time to upgrade your toilet
- Arizona teachers are building a better future by using technology in the classroom
- How to make summer reading fun for the whole family
- How to find relief for chronic joint pain
- Can the NBA Lottery save the Suns?
- Skip Urgent Care: 5 ailments you can treat with telemedicine
- Skin Cancer in Arizona: Stats, facts and new immunotherapy drugs making strides
- Distracted walking injuries end up not so funny
- Scary situations: 5 quick tips before you let a contractor in your home
- Four ways telemedicine is changing the health care industry
- 5 mistakes homeowners make in the spring
- Three rivers run through it: Exploring Arizona's waterways
- Smart home basics: things you need to know to get started
- 5 Surprising things causing back pain
- Arizona agriculture is a $17.1B industry
- Timeline: Arizona's roots in brewing history
- 5 reasons to love the D-backs this season
- Tips for taking your home entertainment experience to the backyard
- Tech-related injuries your parents never experienced
- Workers comp: Signs your co-worker could be a fraud
- Who's the real founder of America's pastime?
- Epidemic rising? What you need to know about Alzheimer's in Arizona
- 5 unforgettable Wooden Award winners
- Family and hard work are keys to success of modern dairy farmers
- Genetic testing could hold answers for colon cancer survival
- Cold beers and baseball: A beer lover's guide to Spring Training
- Telecommuting: 5 tips to make it work for employers and employees
- See how top CFOs feel about economic growth in the Valley
- Migraine myths that keep patients from effective treatments