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Thu Jan 10, 2013, 09:21 PM

Ariz. court orders county sheriff to return pot to California woman

Source: Arizona Republic

The Arizona Court of Appeals has ruled the Yuma County Sheriff’s Office must give back marijuana that was seized from a California woman who had permission to use the drug for medical purposes.

Valerie Okun was stopped in 2011 at a Border Patrol checkpoint near Yuma. Authorities seized marijuana and other contraband from her car. She was cited for violating Arizona drug laws and the case was turned over to Yuma County officials. The charges were dismissed after she showed she was authorized to possess marijuana under California law.

The Arizona Medical Marijuana Act honors other states’ medical marijuana cards and allows them to possess up to 2 1/2 ounces of the drug.

After the charges were dropped, Okun asked sheriff’s officials to return her marijuana, and the Superior Court granted her request. But the Yuma County sheriff argued he could not return the pot because doing so may violate the federal Controlled Substances Act, which makes possession, sale or use of marijuana a crime.

Read more: http://www.azcentral.com/news/politics/articles/20130110ariz-court-orders-county-sheriff-return-pot-california-woman.html




Source: Yuma Sun
(This happened at one of the internal travel checkpoints staffed by the Border Patrol, not at a Mexico border crossing)

... Okun was stopped nearly two years ago at a Border Patrol checkpoint along Interstate 8. Officers searched her vehicle after a dog alerted on it, finding marijuana and hashish.

... Appellate Judge Diane Johnsen, writing for the unanimous court, ... and her colleagues sidestepped the question of whether the federal Controlled Substances Act pre-empts and thereby invalidates Arizona's medical marijuana law. They said it was not necessary for them to decide that issue in concluding she could get her drugs back.

Whether Okun's possession of marijuana may subject her to federal prosecution despite her state-law right to possess it is not a controversy before this court because the federal government has not charged Okun with any crime,' Johnsen wrote. “Nor does public policy require us to decide the abstract issue the state presents.''

Read more: http://www.yumasun.com/news/marijuana-84471-law-court.html

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Reply Ariz. court orders county sheriff to return pot to California woman (Original post)
Newsjock Jan 2013 OP
MrSlayer Jan 2013 #1
Enrique Jan 2013 #2
rhett o rick Jan 2013 #3
Tsiyu Jan 2013 #4

Response to Newsjock (Original post)

Thu Jan 10, 2013, 09:24 PM

1. Wow. Arizona gets one right.

 

Can't be wrong all of the time I guess.

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Response to Newsjock (Original post)

Thu Jan 10, 2013, 09:26 PM

2. i want to see it

i hope she takes video of them bringing her her pot, and posts it on YouTube

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Response to Newsjock (Original post)

Thu Jan 10, 2013, 09:45 PM

3. It's way past time for Pres Obama to tell DoJ to stop persecuting medical

marijuana dispensers.

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Response to Newsjock (Original post)

Thu Jan 10, 2013, 09:48 PM

4. Maybe Yuma County done smoked it

lol

Though the Sheriff does have a point. We really do need to amend the Controlled Substances Act in order to protect everyone from its malicious misuse.






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