Maricopa County attorney sued over marijuana diversion program

Michael Kiefer | The Republic | azcentral.com

A Washington D.C.-based legal advocacy group and a local law firm have filed a lawsuit in Maricopa County Superior Court against County Attorney Bill Montgomery, alleging he and a county drug-court diversion program prey on and profit from people charged with minor marijuana offenses.

Arizona has some of the nation's harshest marijuana laws in an era when medical use of the drug is legal in most states, including Arizona, and many states allow its recreational use.

In Arizona, possessing even small amounts of marijuana for other than a medically authorized purpose is a felony. Montgomery is a crusader against the drug.

First and second offenses, however, are probation-eligible under the law, and the felony can be dismissed altogether for those who complete a diversion program offered by the Treatment Assessment Screening Center, or TASC.

Offenders who can afford the $1,000 fee — The Arizona Republic reported in 2016 that $650 of that goes to Maricopa County Attorney's Office — can complete the program in 90 days.

Those who cannot pay all at once linger in the program, having to pay $15 to $20 fees for urine testing, sometimes several times a week, according to the lawsuit. If they cannot pay, they fail the test and can be prosecuted on the felony counts.

On Friday, the advocacy group Civil Rights Corps, aided by the Osborn Maledon law firm, sued on behalf of three Maricopa County residents in the TASC program. They named Montgomery, TASC and Maricopa County as defendants.

“The complaint explains that the marijuana diversion program operated by TASC Inc. and the Maricopa County Attorney's Office represents a two-tiered legal system,” Civil Rights Corps Attorney Dami Animashaun said in a statement. “Wealthy people buy their way off diversion quickly, while poor people risk being expelled from the program and prosecuted for a felony solely because they cannot afford to pay."

The Republic reported in 2016 that the Maricopa County Attorney's Office collected nearly $15 million from the diversion program from 2006 to 2016.

Also in 2016, Montgomery lobbied vigorously against a citizen's initiative to legalize recreational marijuana use, which was defeated at the polls.

Arizona voters narrowly approved the use of medical marijuana in 2010, which is available under certain conditions at state-authorized dispensaries.

Montgomery lashed out Friday against the lawsuit in an email to The Republic.

“Our drug-diversion program has helped thousands address the scourge of substance abuse for decades," he wrote. "The outrageous characterization proffered by the ironically named 'Civil Rights Corps' is ill-informed and misguided.

"While this type of self-indulgent litigation could be distracting from our work to help drug offenders avoid criminal consequences, we remain committed to helping implement Arizona's treatment-first approach to substance abuse with diversion and deferred prosecution options.”

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