Arizona court hears appeal on medical marijuana ruling

PHOENIX - The battle to open another medical marijuana dispensary in our state is heating up. This time, the focus is on a proposed dispensary in Sun City. 

Arizona Court of Appeals judges are weighing whether to temporarily suspend a judge's order requiring Maricopa County to provide zoning clearance for the planned medical marijuana dispensary.

A three-judge panel did not rule immediately after a Thursday hearing on the county's request for a stay of Superior Court Judge Michael Gordon's Dec. 4 ruling pending an appeal.

Bill Montgomery, Maricopa County Attorney, is appealing a ruling made earlier this month that allows medical marijuana dispensaries to open without the fear of being prosecuted by the state.

A superior court judge ordered the county to process a zoning request for a proposed dispensary in Sun City.

White Mountain, the proposed dispensary, needs zoning clearance from the county before it can proceed.

Judge Michael Gordon rejected Montgomery's argument that our state's medical marijuana law violates federal law.

Arizona's medical marijuana law was passed by voters in 2010 and allows the use of pot for cancer and certain medical conditions.

The Arizona Department of Health Services issued licenses for 126 medical marijuana dispensaries. So far, one has opened in Glendale. 

More than 30,000 Arizonans have permission to use medical marijuana.

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