PHOENIX, AZ — An Arizona judge will hold a hearing Thursday on whether to temporarily block his recent ruling that Arizona’s medical marijuana law is constitutional and that federal drug laws don’t stand in the way of implementing it.
The Maricopa County Attorney’s Office asked Superior Court Judge Michael Gordon to suspend his ruling pending the outcome of an appeal to a higher court.
Gordon ruled last week in a case that initially focused on whether the county had to approve zoning for a Sun City dispensary.
The case grew to include the larger legal question of whether federal drug laws pre-empt Arizona’s medical marijuana law. Gordon ruled that they don’t and that the county must provide zoning clearances for the Sun City dispensary.
Since then, the state’s first medical dispensaries have opened in Tuscon and Glendale.