
By Associated Press
PHOENIX (AP) - Maricopa County Attorney Bill Montgomery is asking an appeals court to temporarily suspend a judge's ruling on the legality of Arizona's medical marijuana program.
Montgomery is appealing a judge's ruling that the county must provide zoning clearance for a Sun City medical marijuana dispensary because federal drug law doesn't stand in the way of implementing Arizona's medical marijuana law.
The Court of Appeals scheduled a hearing Thursday on Montgomery's request Friday for a stay.
State Health Services Director Will Humble says suspending Judge Michael Gordon's ruling probably would affect only processing of the Sun City dispensary's application.
But he says a broad ruling on federal pre-emption could affect the entire medical marijuana program.
Montgomery contends county employees could be federally prosecuted if they facilitate marijuana growing, distribution or marketing.
Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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