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Topic: State files motion to DISMISS 25 Mile Rule lawsuit!!

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State files motion to DISMISS 25 Mile Rule lawsuit!!
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Copied from here: https://www.facebook.com/notes/ceo-azcs/state-files-motions-to-dismiss-the-no-25-mile-rule/347650051942683

As many of you already know, I filed a lawsuit to try and remove the  25 Mile Rule from the AMMA as it is not in accordance with the Federal  Equal Protection Act and therefore unconstitutional. On March 1st 2012  and March 2nd 2012 respectively the State's attorneys filed two motions,  the second is an amendment to the first to correct procedural and  clerical mistakes. One of the very same reasons they suggested MY case  should be dismissed.Governor Brewer claims to have not been served  properly and makes a "special appearance solely to join the motion to  dismiss." That is already handled on my end and is in itself  insignificant.
 
The attorneys for the State also decided to  point out that my "activity" itself is illegal under federal law and  therefore (in their opinion) the federal protection act is inapplicable.
 
Then  they suggest I have failed to state a claim in which relief can be  granted. Sounds familiar to them I bet. However, let's talk about a  couple things they are NOT suggesting in their motion to dismiss, such  as standing, which went unchallenged. Or perhaps "ripeness" a term they  are familiar with already thanks to their dismissed case concerning the  dispensaries. So to recap really quickly, contrary to  anything you have heard, THE  CASE HAS NOT BEEN DISMISSED.  The State is  simply (which is their right  under the federal law) filing a Motion to  Dismiss (presumably to stall  and in recognition of the fact the equal  protection argument is  extremely strong).  Initial hurdles I thought I  might face were not  presented which provides for an optimistic approach  moving forward.   However, the State is intent on pushing as hard as  they can to drown  out the case presumably based on their perceived lack  of interest in the  issue(s) (financial and otherwise).  It is more  important now then ever  to show them they have dramatically  underestimated our community!Here are their two motions...My response  will be filed today at noon;)

















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Certified, Cultivator
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cant wait to see your response. keep up the good work guys your helping us all out !

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compliant with prop 203

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We are behind you here in tucson. We will definately be watching closely.

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Warning......I may or may not know WTF I'm talking about.

Registered  AZDH Medical Marijuana Patient Fully Compliant AZ 203

 
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