Arizona Gov. Jan Brewer said last week she would not re-file a lawsuit in federal court that sought clarification on whether or not state employees would be subject to federal criminal prosecution simply for implementing the Arizona Medical Marijuana Act.

Brewer directed the Arizona Department of Health Services (ADHS) to begin accepting and processing dispensary applications, and issuing licenses for those facilities once a pending legal challenge to the Department’s medical marijuana rules is resolved.

“It is well known that I did not support passage of Proposition 203, and I remain concerned about potential abuses of the law,” said Brewer. “But the State’s legal challenge was based on my legitimate concern that state employees may find themselves at risk of federal prosecution for their role in administering dispensary licenses under this law.”

Brewer said she is disappointed the U.S. District Court of Arizona dismissed the state’s lawsuit on procedural grounds and for refusing to provide clarity.

With ADHS now taking applications, dispensaries will resume plans to open facilities throughout Arizona.

Prior to the Governor’s challenge last year, one application had been submitted to the Town of Marana.

Progressive Herbal Care applied to open the facility at 6248 N. Travel Center Drive. The property is zoned light industrial.

In November 2011, Arizona voters narrowly passed Proposition 203 to make medical marijuana legal, with 841,346 votes in favor and 837,005 against.

Brewer, and much of the Republican-led Legislature have voiced concerns over legalizing marijuana in any form.

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