Arizona Judge Prevents Local Governments from Banning Dispensaries; If Only Californians Were As Fortunate

An Arizona judge overturned a Maricopa County ordinance Monday, claiming that local governments cannot adopt a prohibition on medical marijuana dispensaries as an “attempt to prevent implementation of the Arizona Medical Marijuana Act.”

In his ruling, Maricopa County Superior Court Judge Michael Gordon held that a county “may not use its zoning powers to violate state law.” The Arizona Medical Marijuana Act (AMMA), passed by initiative in 2010, establishes rules to license more than 100 dispensaries across the state. So far, more than 40,000 patients have qualified to use medical marijuana under the program.

While Judge Gordon’s ruling only applies to Maricopa County, home of notorious Sheriff Joe Arpaio, it sets the stage for local governments across the state to begin to adopt land use regulations in accordance with the Act instead of attempting to skirt state law. Judge Gordon previously ruled in another Maricopa County case that federal law did not preempt Arizona’s medical marijuana law and could not be used as an excuse to refuse to implement the AMMA.

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