Judge overturns zoning law on medical marijuana - New York News

Judge overturns zoning law on medical marijuana

Updated:

PHOENIX (AP) - A judge has overturned Maricopa County's zoning ordinance for medical marijuana dispensaries, ruling that the law was a "transparent attempt" to keep the businesses out of unincorporated areas of the county.

Superior Court Judge Michael Gordon granted a pretrial verdict in favor of the operators of a dispensary planned for Sun City.

Gordon said the ordinance was written so dispensaries wouldn't be allowed because marijuana remains illegal under federal law.

Gordon ruled in favor of White Mountain Health Center but told both sides in the case that he'll listen to further arguments on practical effects of his ruling Monday.

County Attorney Bill Montgomery says the ruling will be appealed.

Montgomery also says Gordon assumed too much in saying the ordinance was intended to prevent implementation of the medical marijuana law.

Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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