The medical-pot cardholder plans to continue fighting prosecutors.

"I'm not going to be a victim," he says. "The new law is supposed to supersede old law."

Jennifer and Jacob Welton, it seems, are correct to worry about the legal risks of providing the wrong preparation of marijuana to their seizure-prone son.

As for the 41,765 Arizonans approved to legally use marijuana in Arizona as of October 2 — beware of extracts, at least in Maricopa County.

Other elected prosecutors around the state aren't taking as hard a line as Montgomery. Yet, anyway. Several state-approved medical-marijuana kitchens in counties other than Maricopa are using expensive botanical extractor machines to make edibles sold at legal dispensaries, and they haven't been raided by authorities.

Amelia Cramer, chief deputy for Pima County Attorney Barbara LaWall, told a reporter recently that patients could be prosecuted under the "narcotic" statute for something as innocuous as making tea from pot leaves. However, LaWall told New Times last month that she thought it would be a waste of time to send medical-marijuana edibles to the busy crime lab for testing.

The focus on a technical loophole in the medical-marijuana law by Montgomery, an up-and-coming socially conservative politician, can be viewed with justified cynicism. Creating marijuana-infused butter for brownies, oil, and tinctures (and even hashish, which is nothing more than purified, compressed plant material) is within the spirit of the 2010 law.

Montgomery has been fighting the law since voters passed it, claiming he's concerned about the conflict between state and federal statutes. He's appealing a pro-Prop 203 ruling by a trial court in a civil suit between a would-be Sun City dispensary and the county. The Arizona Court of Appeals is scheduled to hear oral argument on the case on November 27.

The ACLU's fresh lawsuit on the concentrates issue, though, probably won't be settled in time for the patient with the infused candy or for other patients who could be facing prosecution by Montgomery's office for "cannabis."

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73 comments
stupidstuka
stupidstuka

Arizona stoners deserve continued prosecution for writing and supporting such a pathetic and ineffective MMJ law that only benefits the Greedy Big $$ Dispensary Cartels!

Reap what ye sow, suckers.

.

squash
squash

@_McShyster_ Why should we take advice on marijuana legalization issues from a prohibitionist like you who has absolutely no interest in marijuana EVER becoming legal (medicinally or otherwise), Donkey?

stopabuseofpower
stopabuseofpower

slow day in the office Montgomery, ?

sh*t thought we got rid of one bad apple, Nifong Andrew Thomas and now here come another,

sick *ucks. for sure. . WE are paying for your antics!

stupidstuka
stupidstuka

Clueless stoners and incompetent Marijuana McLawyers who wrote Arizona's mmj law were too stupid to include clear, concise, unambiguous language protecting the rights of patients to possess and use all forms of marijuana ... even after witnessing Colorado's failures at mmj.

Those that are too stupid and stoned to learn from history DESERVE to suffer and fail!

willyfalcoon
willyfalcoon

the sooner we get a jury nullification the better...

MaskedMagician1967
MaskedMagician1967 topcommenter

Prosecuting sick people is a new low, even for MontyPug.

Perhaps he needs a refresher in the Army's 7 core values and the warrior ethos...

Time to boot MontyPug out. Now.

OATHKEEPER1958
OATHKEEPER1958

THROW HIS ASS IN JAIL WITH THE REST OF THE DAM CRIMINALS THESE STUPID LIBERALS GOTTA LEARN THE HARD WAY ANYHOW

edgarlongenecker
edgarlongenecker

   Up and, Conning, you say; the opportunistic, lizard at law, prosecutor...  Maybe, now that his modus operandi, has been defined; the explanation, is clear, why, the Arias Bias, concealment, of, all those, reasonable doubts, were never put to the jury; for, such,  concealed, exculpatory evidence,   Forbid, the LSD/LDS corporation, eternal soul saving, blood oath, Mormon blood atonement, sacrificial quasireligious, rite, as, per the revelations of, Brighamist Young, be, exposed to all us, infidels, who just wouldn't understand, how, only the most devout, will, be eligible for,  the blessings, of heart plunge, and, ear to ear, throat slice, blood oath, blood atonement, in, order, to ascend to planet, playboy, with, all those, virgin angels...  Surely, you don't expect, the DA to, antagonize, all those Mormon, voters...   Edgrrr...

Narc_drama_queen
Narc_drama_queen

It Iuch a shame to me that poliicians viilify patients to accomodate their own personal agenda instead of taking violent criminals off of the streets...SMDH

freeman88
freeman88

stand up for freedom and liberty as the founding fathers would have. shoot the DA. claim your rights freedom and liberty or have it taken away in this police state.

stella.james164
stella.james164

 <!--til I saw the bank draft four $4519, I didn't believe ...that...my brother was like they say truly making money part-time at their laptop.. there uncle haz done this for only about eighteen months and a short time ago repaid the debts on their house and bourt Bugatti Veyron. this is where I went........................ Buzz55.ℂom-->

ewthorne
ewthorne

What is just as pathetic is how Monty and Brewer, and I guess the other whacko Republicans in this state, pick and chose which federal laws to follow.  

budsan
budsan

Talk about an overzealous mickey mouse prosecutor, that's Bill Montgomery alright. Hope fully the good people of AZ will vote this wacko bird out of office.

Don Blank
Don Blank

so they can put him in one of their corporate buddies jail

DjAdidas Nick Nuvamsa
DjAdidas Nick Nuvamsa

The guy clearly has nothing better to do that waste peoples time and tax payers money, people like this should have the citys voters aka people step up and prosecute this guy for abusing his power and tax payers money, they need to be held accountable.

Denise Mason
Denise Mason

Remember this when we go to the polls. This guy is wasting tax dollars and time. What is the real purpose here for prosecuting over something so ridiculous?

DNichols
DNichols

Prosecuting this,yet Montgomery granted "Amnesty" through a "Plea Deal" to his personal Pal Racist Minute Man Chris Simcox for Child Molesting placing his finger in his own Childs vagina?!!

Montgomery is Worthless Human Garbage and is no better than Child Molesters!

After this Travesty of Justice against his Pedifile Friend Simcox anything Bill Montgomery does is just a Joke!

pskully57
pskully57

Hes another Andrew Thomas, complete hypocrite/douche, can't wait to vote him out.

Elle Chanel
Elle Chanel

The moronic rednecks will bankrupt this state.

drdarrow
drdarrow

Really? Trying to prosecute based on implying some distinction between the common name and the scientific name of the plant? Because AZ has some obscure, vague, and inaccurate definition written into law from the time when men like Monty coined the spanish sounding "marijuana" so as to imply the it always led to Mexican men rapeing white girls behind the high school. All in the name of economic, social, and racial repression.

I'm thrilled my tax dollars are being spent on this nonsense...

timdlittle
timdlittle

Has anyone started a fund to support this person in their case and start a counter suit against the Maricopa DA office? This needs to be a all in for anyone in Arizona who supports the legalization of marijuana. Using pot smokers to fill prisons for profits is going stop..and it's going to stop really soon.

Hector Joe Mora
Hector Joe Mora

Let`s remember this come election time . Then he and the mummy that is governor can eat s__t and bark at the moom .

timdlittle
timdlittle

I can't go on bout how much of a gutless wonder Montgomery is. A money infused troll with no qualms bout letting a child murderer go.

JuckFoe
JuckFoe

What in the hell is wrong with the voters in this ridiculous state? Did common-sense leave town?

I don't understand the ignorance so proudly displayed by the voting populace in AZ! This has to be one of the most stupid states in the Country!!


Please, VOTERS, eliminate ineffective legislation!! Start with Arpaio and Monty!!


Thank you NT for the most excellent coverage of the stupidity that resides in the State's Government!!

_McShyster_
_McShyster_

@squash ... say the clueless stoners who implemented a 1963 (ONE THOUSAND NINE HUNDRED SIXTY THREE !! )) SQUARE MILE exclusion zone against all private grows ... maintaining FELONY cultivation penalties against anyone who gets caught 24.5 miles from the nearest dispensary.

Ignorant Politically Clueless Stoners are their own worst enemy.


Flyer9753
Flyer9753 topcommenter

@stupidstuka 

You are an idiot. The 'stoners' aren't the ones who got it wrong. The writing of the law is not ambiguous, only Monty's interpretation of it is.

Those who have no clue about what they are talking about (you) should learn to shut the hell up rather than open their mouths and prove to the world just how stupid they are.

_McShyster_
_McShyster_

@willyfalcoon ... they used to have "jury nullification" back in the days when no white jury would ever convict a white man for lynching a black victim.


MaskedMagician1967
MaskedMagician1967 topcommenter

Oathkeeper, the voters passed this state Constitutional amendment. That means the people have spoken.

The DOJ has refused to prosecute people who possess pot and are in compliance with state laws. In fact, the DOJ has refused to block any more states that pass marijuana laws (weed is still technically illegal under the Controlled Substances Act).

That leaves just MontyPug, a weak and ineffective leader. He has no chance of winning.

IdontRecall
IdontRecall

@GOATKEEPER, U AGAIN, SATAN'S FAV SON. D ONES THAT SHOULD B IN PRISON R U & THAT CLOWN SHURF....SPECIALLY U & HIM, WHO R A WASTE OF OXIGEN & SPACE, WHICH COULD B OF BETTER USE 4 ONE OF THOSE THAT U CALL "ILLEGALS", THAT DUE 2 D MONEY THAT THEY CONTRIBUTE U & THAT CLOWN CAN SEAT WITH UR STINKY WRINKLED ASSES  AND BITCH WHILE COLLECTING D MONEY. IMO, U R A LEACH, LIVING OFF D TAXPAYER'S DIME. BTW, I HEARD THAT WHEN U WERE A LITTLE GOATKEEPER AND U TRIED 2 COMPITE ON D SPELLING B CONTEST U WERE ASKED 2 SPELL COW, SO  U DID SAY: COW.....C   O   W   E   I   E   I   O....LMFAOROTFF (3:D)K

edgarlongenecker
edgarlongenecker

@freeman88 Ditto, it's time to take control away from lizards at law... The criteria, for this soap opera, is, proof,  that,  the derivative, no matter, how, processed,  of the allowable, quantity, is within the amount, that, can be used, legally, by other mens; as if, any of it, is anybodys' business; when, the gestapo, can be permitted, to, snoop, into, anyones' home, car, or, effects, in 4th amendment violations; pitting, a Federal liberty, against an intrusive, federal and state, violation of laws, by that which is legislated, in violation of superior law... Whether this quantity, allowable, is, shoved in their burrocks, smoked, eaten, or boiled, and, used for hairspray,  matters not, as long as what's legislated, fraudulently, anyway, as to, allowable quantity, cannot be proven, to exceed it...  A class action lawsuit, against such gestapo, intrusion, should, put a screeching halt to, the DA reptillian illiteratis' govern   mental, aspirations... and, protect us call from, lizards at law...   Edgrrr... 

edgarlongenecker
edgarlongenecker

@Denise Mason    Money, bribery, extortion, embezzlement, is the purpose, of, this, soap opera...     Edgar,,,

edgarlongenecker
edgarlongenecker

@Nora Blkbld               Explain, why, he is not, protecting, the image of,  the Mormon church, for, votes...in the Jodi Arias, travesty of, justice...obstruction of justice..fraudulent conviction, noncase; . when, proof positive is the blood oath, blood atonement, self sacrifice, of Anderson and, Alexander; killings, that, , are exactly, alike; to prove, devoutness.......and, the Alexander self sacrifice, sacred ritual, has been prosecutorially, construed, by, a many days, later, separate crime, of, coverup, to, obscure the eternal soul saving, blood oath, blood atonement, Brighamist Young, admonition, allegedly abandoned, by the LSD, church, corporation; which, if, not, then, why,  the DA coverup; if, not for a 14 million member, voter, windfall; to put another lizard at law, into pubic,  [that's right], office; instead, of, prison... ???...  Edgrrr...

franklipsky
franklipsky

@Elle Pennell 

Mormons are legal aliens from another planet-universe

Proof :who else would wear black pants in the summertime110 degrees in the desert

edgarlongenecker
edgarlongenecker

@Hector Joe Mora    They'll probably lie and say they don't bark at the moon...   Edgar...

edgarlongenecker
edgarlongenecker

@JuckFoe    Schizofornia, is the flipside, of, Arizona; and, all states are infiltrated, by, lizards at law...   Edgrrr...

McShyster
McShyster

@Flyer9753 = another clueless stoner.

You ignorant bong-suckers are your own worst enemy.


squash
squash

@Flyer9753DonkeyHotay likes his comments with a sockpuppet all the time... He's one of the resident trolls over at www.westword.com, btw. It's pretty lame...

_McShyster_
_McShyster_

@jetdoc1 ... so you're asserting that Arizona stoners are too slow and stupid to learn from the MISTAKES made by other State MMJ laws, like California and Colorado, which have been around since 1996 and 2000, respectively.

jetdoc1
jetdoc1

@McShyster @Flyer9753 Wow... a couple of "DonkeyHotay" WANNABES!  Colorado hadn't MADE the mistakes necessary for us to LEARN from them, by the time our law was written.  Not saying it's GOOD or BAD law, just that you can't use that as an analogy because it's Apples to Oranges.  At least get your own SCHTICK

 
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