PHOENIX –In an order issued today, the Arizona Court of Appeals granted a request for oral argument by Maricopa County Attorney Bill Montgomery in White Mountain Health Center v. Maricopa County. The appeal seeks review of previous trial court rulings that concluded, despite the clear conflict between the federal Controlled Substances Act and the Arizona Medical Marijuana Act, there is no federal pre-emption of the AMMA and that invalidated County zoning authority over medical marijuana dispensaries.
“We look forward to moving ahead with our appeal and resolving issues which conflict with the federal Controlled Substance Act and addressing the validity of local zoning ordinances,” said County Attorney Montgomery. “The clear command of the Supremacy Clause that ‘the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding’ should have provided the necessary guidance to the trial court,” Montgomery added.
Hearing dates for the appeal are expected to be scheduled in the next few months.