Arizona Supreme Court Won’t Review Lower Court Ruling on Medical Marijuana

October 2, 2017

The Arizona Supreme Court is letting stand a lower court’s ruling that the state’s medical marijuana law is constitutional in requiring counties to approve reasonable zoning regulations.

Maricopa County Attorney Bill Montgomery had appealed a Court of Appeals ruling last December that rejected his argument that the state medical marijuana law is pre-empted by the federal Controlled Substances Act.

The case in the appeal decided by the appeals court started with a dispute over whether Maricopa County officials had to approve zoning for a medical marijuana dispensary in Sun City.

Montgomery argued that allowing Arizona’s medical marijuana program to stand despite undermines the “fundamental principle of the rule of law.”