But Montgomery instructed county officials not to respond. He argued that doing so would make them guilty of violating federal laws which prohibit not just the possession and sale of marijuana but doing anything to facilitate either.

And he contended that anything the state does cannot preempt federal law.

Kessler said there are several flaws with that argument. He said nothing in the Controlled Substances Act prohibits states from having their own drugs laws.

More to the point, Kessler said the fact that Arizona has chosen to legalize the possession and sale of marijuana simply immunizes those involved from being prosecuted under Arizona law.

"Arizona, like all other states, has the power to decriminalize certain acts and exempt certain actors for purposes of state law,'' Kessler wrote. He said there is no conflict with federal law because nothing that Arizona does precludes the federal government, if it wants, from enforcing its own laws.

"The Arizona Medical Marijuana Act does not otherwise purport to shield anyone or any act from federal prosecution,'' Kessler wrote.

And the court rejected Montgomery's contention that county officials would be guilty of aiding and abetting others to violate the Controlled Substances Act.