PHOENIX - A Superior Court Judge refuses to block his own ruling that Arizona's Medical Marijuana Law does not violate federal drug law.
Maricopa County Attorney Bill Montgomery requested the stay while he appeals the Superior Court ruling.
Montgomery has been stopping the county from issuing a zoning permitt so White Mountain Health Center can open a marijuana dispensary in Sun City because he believes it violates federal law.
Attorney's say today's decision is a small victory in a huge battle that is far from over.
"Everybody that's involved with Medical Marijuana, patients, caregivers, dispensary owners, applicants employees should be thrilled, It definitely gives the green light to the medical marijuana industry." said Jeffrey Kaufman, Attorney for White Mountain Health Center.
Judge Gordon also ordered the county to decide in five days whether the location at 99th Avenue and Greenway meets county zoning requirements.
But Kaufman isn't optimistic on what the findings will be.
"I expect that they will simply write a letter saying that White Mountain does not meet zoning requirements and stop there. And then we will have to continue to litigate what the zoning requirements are or are not." said Kaufman.
In a statement released today, Maricopa County Attorney Bill Montgomery said he will appeal:
"We intend to move for a stay of the Superior Court's order in the Court of Appeals as soon as possible. In the meantime, we will take the necessary steps to comply with Judge Gordon's order. Regardless, the fact of the matter remains, as acknowledged by the trial court, that the plaintiff's actions are in violation in federal law and their haste to open could very well result in the equally quick loss of their investment and liberty."