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U.s. Supreme Court Upholds Arizona Court Ruling: Cops Must Return Marijuana

Michael Komorn

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Remember the Sheriff from Arizona who stole a California patient’s medical marijuana? He just got told by the highest court in the land to give it back.

 

Related: Arizona Supreme Court Sets Example for other Medical Marijuana States

 

The U.S. Supreme Court upheld the Arizona court rulings which ordered Yuma County Sheriff Leon Wilmott to return the medical marijuana he seized from Valerie Okun, a California medical marijuana patient visiting Arizona. The Sheriff ignored the fact that Arizona law has reciprocity, i.e. they honor card holding medical marijuana patients from other states. The sheriff used the familiar argument that federal law trumps state law with regard to marijuana, and refused to return the marijuana he seized from Valerie Okun, the California patient, even after the Arizona Courts ordered him to do so.

 

Wilmott’s reason for not returning the marijuana echoes what Michigan Attorney General Bill Schuette has told law enforcement here, saying, “It has to do with the courts telling me to commit a crime…As far as I’m concerned that’s not how we do business.” During Bill Schuette’s Statewide campaign addressing how law enforcement should treat and handle medical marijuana cases, he declared that if a police officer returned the medical marijuana he or she seized from a card holding patient, they would be committing the crime of delivery of a controlled substance. This is an absurd statement, because under the same thinking, if a police officer seizes marijuana, they’d be committing the crime of possession of a controlled substance. It seems to me that AG Schuette and this old timer from Yuma simply hate marijuana and adhere to the propagandized view of it.

 

Watch: State Police Return Cannabis to Komorn Law Client

 

But the Supreme Court Ruling has vast implications. Michigan’s Medical Marijuana Act has reciprocity for cardholders from other MM states, i.e. a California patient is allowed to possess medical marijuana in Michigan. MM patients can now invoke this ruling to get their seized cannabis back.

 

The Ruling: Writ of Certiorari for Valerie Okun



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