PHOENIX -- State health officials are facing a new legal challenge over a provision in the voter-approved Medical Marijuana Act that bars those who live within 25 miles of a dispensary from growing their own plants.
The lawsuit filed in Maricopa County Superior Court contends giving some the right to grow but not to others is a violation of the Equal Protection Clause of the U.S. Constitution. Billy B. Hayes, who is not at attorney but filed the legal papers on behalf of himself and others, also contends the system gives dispensary operators a monopoly in violation of state constitutional provisions.
