Judge Weeds Out Ariz. Gov.'s Medical Marijuana Suit

Law360, New York (January 4, 2012, 10:08 PM EST) -- A federal judge on Wednesday dismissed Arizona Gov. Jan Brewer's suit seeking declaratory judgment on whether state employees would face federal prosecution for dispensing medical marijuana, finding the state had failed to show a genuine threat of imminent prosecution.

U.S. District Judge Susan R. Bolton granted the federal government's motion to dismiss for lack of jurisdiction without prejudice, but invited the state to resubmit its claims within 30 days if it could resolve the issue of ripeness.

“The ruling is a disappointment,” said Matthew Benson, a...
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