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May you live in interesting times.

Are they done counting yet? (No!) Good to see that Arizona voters (and vote counters) continue to know how to weave a dramatic story full of twists and surprises.  Arizona now has two Democratic US Senators, but kept the State Legislature Republican – with or without Senator McGee: still counting….

Here are the results as of Monday morning, November 9, along with some observations from Gammage & Burnham’s team of State and local lobbyists.  We’ve been there to help you in 2020, and we will be there to help you in 2021.

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PROP 207:  WHAT WILL RECREATIONAL MARIJUANA MEAN FOR THE EXISTING MEDICAL MARIJUANA PROGRAM? 

Legalization of recreational marijuana in Arizona will be on the general election ballot in November 2020, following the Arizona Supreme Court’s unanimous ruling in August rejecting efforts to block the initiative.  Because Arizona has almost ten years’ experience with its medical marijuana program, a common question is what would change if Prop 207 is approved?

Will approval of the initiative eliminate Arizona’s existing medical marijuana program? The quick answer: no.

The initiative, titled as the Smart and Safe Arizona Act, would add an entirely new chapter in Title 36 of Arizona Revised Statutes (Chapter 28.2) that establishes the recreational marijuana program.

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By Lindsay C. Schube

Last Thursday, the Arizona Supreme Court in Saguaro Healing LLC v. State of Arizona held that the Arizona Department of Health Services (“AZDHS”) must issue at least one medical marijuana dispensary certificate in each county, in accordance with the Arizona Medical Marijuana Act (“AMMA”).

The Court’s opinion interpreted the AMMA’s language to require a minimum, not a maximum, number of medical marijuana dispensaries within the state and in each county. In doing so, the Court furthered one of the AMMA’s intended purposes—to ensure that patients throughout Arizona have access to a medical marijuana dispensary.

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Gammage & Burnham is pleased to announce that 29 of our attorneys have been named to the 2021 Best Lawyers© list!  Best Lawyers©  recognition is based solely on a confidential peer review process.

Special congratulations to Timothy N. Forsman, Daniel L. Marks, and James B. Senften for being named to the inaugural “Ones To Watch” list and to Randall S. Dalton and Joseph P. Richardson who have been recognized as “Lawyers of the Year” in their respective categories.

See below the full list of our awesome attorneys that have been recognized.

Best Lawyers

Stephen W.

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Arizona commercial lenders have long been able to have a receiver appointed to protect and preserve property pending foreclosure following a default under a commercial loan.  New Arizona statutes, ARS §33-2601 et seq., the Uniform Commercial Real Estate Receivership Act, have expanded the benefits available to lenders by getting a receiver appointed over commercial property and the personal property related to or used in connection with that real property.

The new laws provide several important benefits:

• The appointment of a receiver results in an automatic stay prohibiting any actions or proceedings by other creditors to attempt to gain possession or control of receivership property or to enforce earlier-obtained liens or judgments against receivership property.

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