Since this could help all the growers in Az
- Thread starter HB DC
- Start date
HB DC
Active Member
Sorry my friend... Didn't read it thoroughly...
What is next is the hearing on the 30th of oct. This hearing is the most important because it will decide the out come of our injunction requests. Remember there was a preliminary and a permanent injunction requested. The preliminary injunction will only serve us through the stay of the case. The permanent injunction is just that - permanent injunction against the enforcement of the 25 mile rule. But what we are truly hoping for is that the 25 mile rule is found unconstitutional and is stricken from the process.
No problem!
OCT.30th @ 8:30am
201 West Jefferson Phoenix, Az.
East Court house - 5th Floor - Judge Cooper
HB DC
Active Member
Assumed method...
Go to the AzDHS website and make a change to your application. Request to cultivate!
Haven't thought this one through
BossHoggins
Member
An injunction against enforcement of the 25 mile rule would make anybody with a card able to cultivate without fear of prosecution from the state, assuming they abide by all other rules regarding cultivation. Since cultivation rights are approved based solely on the 25 mile rule, this is how I would interpret it. But.. I'm not a lawyer.
HB DC
Active Member
Our State Constitution is 4 time longer than the US Constitution.
And there are many many great reasons why... (Our constitution is very liberal with a blend of Az conservatism)
Don't pack up just yet...
It is basic principles here - 1. There was a crisis. 2. People realized the crisis. 3. People acted to deflate the crisis. 4. People await its results.
Now what is next can go both ways in Our state. Either we will be given the "right" to cultivate or the state will go after ill patients. IMO - the state will likely choose the latter over the former (go after ill patients). I can cross my fingers and toes in hopes of the best. That is why we are moving on all fronts to cure this social-mental disease that marijuana is bad. Free the Herbs!
[video=youtube;fry2apRdW_A]http://www.youtube.com/watch?v=fry2apRdW_A[/video]
J9BLACK
Active Member
We are trending away from social conservatism with every passing generation. Freedom, the absolute power to chose one's own path is as corrupting as any absolute power.
In other words, we will get our desire to 'free the weed', but let's keep an eye on those who are constantly in power. As a Goldwater Republican, I can assure you AZ is more libertarian.
In other words, we will get our desire to 'free the weed', but let's keep an eye on those who are constantly in power. As a Goldwater Republican, I can assure you AZ is more libertarian.
HB DC
Active Member
If we fail.. Patients who cultivate for medical purposes will be criminals under the ARS. It is a felony in this State to posses marijuana.
What is really at hand folks is the fact that if we win we are going to be able to cultivate for our health under the Constitution not some bogus MMJ Act or Program!
The last time I checked... I didn't need to purchase a license to invoke my rights(hint)!
Folks like Goldwater & Hayden brought Prosperity to AZ in a times of despair!
I am kind of disappointed in McCormick though - he never was able to secure an ocean for our state though he petitioned congress many times before our Statehood. Damn California! How great would that be - AZ with a port!conti
HB DC
Active Member
We are asking for a preliminary and permenant injunctions..
If the injunction request fails we will simply wait for the final decision on the constitutionality of the 25 mile prohibition. (Which is what we really care about)
We have the injunction hearing on the 14th of NOV. For this issue to be taking so long one would imagine that we will prevail.
PS
I was promised by a few folks that if we went this far with the lawsuit they would help us fund it to the end. (like most flakes - say one thing but are really doing another)
They have fallen short on this promise so we do need some sponsors and contributors.
I am only one man and can only do so much (financially) - I have to eat too!
HB DC
Active Member
I have updated the latest hearing to the lawsuit - http://forum.hydrobreed.com/NO25MileRuleAZ/floyd-v-az-oralArg.PDF
"Well, Your Honor, the State arguing that this was voluntary is really a weak argument. And let me use the analogy of -- of Rosa Parks. Now, Rosa Parks, 1955, there was a bus, a city bus that was available. But, you know, the voters in Montgomery, Alabama, had a law. And that law said that Negroes had to be in the back of the bus. Now, Rosa Parks could have walked to work, or she didn't have to ride the bus. She chose to ride the bus. And when she got on the bus, the bus driver told her, well, the law is this. And I assume that when she went to court, the prosecutor in that case made the same argument the State's making in this case, that she didn't have to get on the bus, it's voluntary, and maybe we should change the law if we don't like it.” – Floyd, et al. v. State, et al.
Keep in mind anyone that want to see all the transcripts can find them here - http://forum.hydrobreed.com/?tabid=144 (Under the 25 Mile Rule Prohibition Lawsuit tab)
And YES the defendants have 3 lawyers working this case -Gregory W.Falls, Matthew A.Hesketh, & Michael W.Wright
PS
We have quite a few folks in oppostion to this lawsuit. ALL dispensary folk - just remember that mates!
"Well, Your Honor, the State arguing that this was voluntary is really a weak argument. And let me use the analogy of -- of Rosa Parks. Now, Rosa Parks, 1955, there was a bus, a city bus that was available. But, you know, the voters in Montgomery, Alabama, had a law. And that law said that Negroes had to be in the back of the bus. Now, Rosa Parks could have walked to work, or she didn't have to ride the bus. She chose to ride the bus. And when she got on the bus, the bus driver told her, well, the law is this. And I assume that when she went to court, the prosecutor in that case made the same argument the State's making in this case, that she didn't have to get on the bus, it's voluntary, and maybe we should change the law if we don't like it.” – Floyd, et al. v. State, et al.
Keep in mind anyone that want to see all the transcripts can find them here - http://forum.hydrobreed.com/?tabid=144 (Under the 25 Mile Rule Prohibition Lawsuit tab)
And YES the defendants have 3 lawyers working this case -Gregory W.Falls, Matthew A.Hesketh, & Michael W.Wright
PS
We have quite a few folks in oppostion to this lawsuit. ALL dispensary folk - just remember that mates!
thecoolman
New Member
Looking good HB. I am a little concerned about the procedural issues though.
I would of liked to of had each of the states many issues regarding this contested one by one in a more substantial way though. Its not looking bad though, and I will be following this closely. We are fortunate to have you stand for Arizonians rights. Thank You
I would of liked to of had each of the states many issues regarding this contested one by one in a more substantial way though. Its not looking bad though, and I will be following this closely. We are fortunate to have you stand for Arizonians rights. Thank You
compassionatecaregiver
Member
I'm really high right now, not sure if I'm following everything correctly but is this article about your lawsuit? http://www.eastvalleytribune.com/ar...cle_7ea6b4c2-4d4a-11e3-a61e-001a4bcf887a.html
it was published a couple hours ago so I'm assuming a decision was made today, and not a good one... does this mean it's over? or are there still more appeals processes or something you can try? sorry for the bad news, I hope this doesn't mean the fight is over
it was published a couple hours ago so I'm assuming a decision was made today, and not a good one... does this mean it's over? or are there still more appeals processes or something you can try? sorry for the bad news, I hope this doesn't mean the fight is over