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Court Rules Woman Can Keep Medical Marijuana, But The Sheriff Doesn’t Want To Give It Back

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cops law enforcment arizona medical marijuanaThe Arizona Supreme Court recently ruled that a medical marijuana patient whose medicine is taken by police is entitled to get it back if the patient was determined to have been in legal possession of it at the time of the interaction. That’s what happened to California medical marijuana patient Valerie Okun, whose medicine was taken nearly two years ago near Yuma, Arizona (Arizona recognizes out of state patients). She was never prosecuted, and wanted her medicine back. The Arizona Supreme Court ruled in her favor, saying that the police need to return her medicine.

Case closes right? Wrong. The police are still refusing to return the medicine. According to Yuma Sun, “Yuma County Sheriff Leon Wilmot told Capitol Media Services on Tuesday he’s still not ready to hand over the marijuana. He hopes to get the case before the U.S. Supreme Court.”

I find it odd that someone who is supposed to be upholding and enforcing Arizona state law is refusing to do so. But then, almost on que, you hear the ‘but it conflicts with federal law’ argument. I’m sure that Yuma County Sheriff Leon Wilmot probably aspires to be a federal agent, but for now, he should just do the job he is supposed to be doing, which is following Arizona laws.

Obviously the medicine is probably in poor shape due to how long ago it was taken, but it’s the principle of the thing. If law enforcement doesn’t have to follow Arizona state law and return the medicine, what other laws will they ignore when it involves medical marijuana? One can only wonder….

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44 Comments

  1. That officer of the LAW should do his job, and let legislators do theirs. If he used it himself for the bad back he attained by being 42 pounds overweight, he could just say so

  2. Can’t they take a urine test from the sheriff? Surely he isn’t immune to the same protocols that other people are rquired to do.

  3. Because of the illegal search you may have a fighting chance.. also how long was your card expired?

  4. This could also be a good thing is a round about way.
    And I would have to say he is in Contempt of Court.
    This could force the U.S. Supreme court to make a ruling.. Either Way.
    If weed is to even be Medically or Recreationally Legal… All of this Micky Mouse Stuff that they try and road block the movement with will Have To Be Challenged…….. In Court.
    So in the long run he may actually doing us a favor. Whether he knows it or not.

  5. Thomas Purcell on

    You can go into federal court and get a writ of mandamus
    and non- compliance will put him in federal custody.

  6. Robert Dewayne King on

    ” Give them hippies what they need , Bust their ass and smoke their weed ” Officer Stedanko in “Up in Smoke”

  7. It was said that a police officer desires to use the prostitute for the same reason he applies the lash.

  8. All cops, except the ‘gungho’ ones smoke or know of someone that smokes, either for ‘health’ or just to stay SANE. With all the conflict they experience on the job,,they very well should. This cop, to me, either smoked, or sold the stuff. This ‘take from the stoner’ has been going on for as long as I can remember. Why the fear of such a ‘helpful’ medicine is beyond me. I guess dealing with people on ‘heavier’ drugs is more to their liking. They get to use their batons and mace!! lol

  9. He is just buying time because he has backed himself into a corner. 95% of the cops I have met smoke pot and love to confiscate from Cali. patients to get the varieties available in Cali. from the clubs.
    I Guarantee it has been smoked by him or others in the “evidence room, lol” and they are unable to produce what was taken. I am sure they enjoyed smoking your meds.
    The question is, How do you take him into court to have a judge make him produce what was taken? Again, I guarantee he will not be able to do so. So will he go to jail when unable to produce the evidence?

    As for the guy that said kill all cops? Are you retarded?

  10. I was recently detained in my front yard in Phoenix. The police said they smelled pot and didnt need a warrant to enter my home. I was arrested and charged for production/sale/possession of pot. My grow card recently expired and now bc of an illegal search and seizure i will be going to prison for the next 8.75 years…. fucking pigs

  11. medicalmarijuana420 on

    Call this ASSHOLE @ 928-783-4427

    Ring this stupid pricks phone off the hook!

  12. My guess is the mmj was in a plant form and they did not care for it while in custody and now it is a pile of dusty mold.

  13. they should give the weed back to settle the principal aspect of the issue, and double the money to acquire fresh medicine as restitution.

  14. Matthew Cunningham on

    The best thing that can happen is to bring it to the supreme court any first year law student knows Fed law trumps state law but any high school civics class can prove its unconstitutional.

  15. “Yuma County Sheriff Leon Wilmot told Capitol Media Services on Tuesday he’s still not ready to hand over the marijuana. He hopes to get the case before the U.S. Supreme Court.”

    Wow

  16. JEAN FLEMING on

    I AGREE WITH THINKING CLEARLY. AS A MEDICAL MARIJUA PATIENT I KNOW HOW MUCH I NEED MARIJUNA. I DON’T SMOKE SO I TAKE IT IN THE FORM OF EDIBLES SUCH AS BROWNIES, COOKIES ETC..AND ONLY AT BED TIME. THE PRESIDENT SAID WHEN HE WAS RUNNING THAT HE WOULD LEAVE THE FACILITES ALONE WHEN THEY WERE LEGAL IN THAT STATE. I LIVE L. A. WELL WHAT A LIAR…..ABOUT SOOO MANY THINGS.

  17. If the Yuma County Sheriff does not recognize the Arizona Supreme Court as his authority he has placed himself above the law. If he can’t even recognize the law of the State he works for he should resign or be removed.

    He is not above the law.

  18. What other laws is he ignoring when it comes to any Laws! not just medical MJ. Also, if he refuses to return it, couldnt it be considered theft? He admits to taking it. its in his possession technicaly. file theft charges against the sheriff. He’s now not accting in a legal manor if he isn’t following county/state law right?

  19. This is contempt of court and usually is handled with a fine for every day that the offending party does not comply with the court order. Things are unfolding as they should; it is only after these transgressions start to cost the local governments money that they will take notice. This is beginning to happen with persons asking to be remunerated for their damaged property interests. The only thing that governmental units understand is money. There is no entrenchment where local governments find that they have to shell out bucks. Traffic in cannabis will continue and governments will not stop it. There is too much money on the table. The point at which the “defendants” start to bite back and use some of that money to lobby and pursue their legal remedies is the true “tipping point.”

  20. Many sheriffs in medical cannabis states are committing malfeasance and need to be removed from office.

  21. He is clearly a corrupt cop and should, by right, be publicly shamed, and stripped of his position.

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