Maricopa County Superior Court Judge Michael Gordon found Tuesday that the state law does not conflict with the U.S. Controlled Substances Act, The Arizona Republic reported. Medical marijuana advocates said his decision means dispensaries can open.
Gordon found that Arizona can authorize the regulation and sale of medical marijuana even though marijuana is illegal under federal law. He also pointed to the many states where medical marijuana is now legal.
"This court will not rule that Arizona, having sided with the ever-growing minority of states and having limited it to medical use, has violated public policy," he said.
Maricopa County Attorney Bill Montgomery and Arizona Attorney General Tom Horne argued that state employees involved in granting licenses to marijuana dispensaries would be involved in federal crimes. They said they will appeal Gordon's decision.
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