Although Prop 203 passed and ADHS was set to accept dispensary applications in June 2011, on 27 May 2011, Arizona Governor Jan Brewer directed Attorney General Tom Horne to file a Federal lawsuit seeking declaratory relief adjudging Prop 203 illegal and void. In that same act, Governor Brewer directed ADHS not to accept dispensary applications. Governor Brewer’s avowed basis for the Federal lawsuit was concern over her perception of legal uncertainties about Federal preemption, which she felt was supported by the 29 June 2011 letter from Deputy US Attorney James Cole’s follow up letter to the infamous Ogden Memo and the supposed threat to State employees. Thus, the entire dispensary scheme remains on indefinite hold, while the Governor’s Federal lawsuit works its way through the court. [However, despite ADHS' refusal to accept dispensary applications, it continues to accept applications and to issue patient and caregiver cards.]
In response to Governor Brewer’s Federal lawsuit, at least two State court lawsuits have been filed by would-be dispensary operators, seeking mandamus directed at ADHS to require it to accept dispensary applications and to issue dispensary certificates. Like the Federal lawsuit, no result has yet been achieved by any of the parties to these suits. However, on 07 July 2011, in conjunction with counsel from the ACLU, the defendants in Governor Brewer’s Federal lawsuit filed a motion to dismiss the Federal lawsuit for lack of jurisdiction. Approximately one week later, on 14 July 2011, Maricopa County moved to intervene as co-plaintiffs, in aid of Governor Brewer. No oral argument has yet been scheduled.