By Howard Fischer | Capitol Media Services | East Valley Tribune
Ignoring a threatened lawsuit, a Senate panel voted Monday to let police destroy marijuana they have seized, even if it was taken wrongly from a medical marijuana patient.
SB 1414 is designed to address situations where police come into custody of marijuana and later learn that the person was a medical marijuana patient and allowed to have it. Under the law as it has been interpreted by the state Court of Appeals, police are now required to give it back.
Sen. Kimberly Yee, R-Phoenix, said she believes that puts police in the position of violated the federal Controlled Substances Act, which continues to make marijuana illegal. Her legislation would let officers destroy the drugs once any investigation was completed, even if the person was entitled to have them in the first place.
The 5-3 party-line vote by the Judiciary Committee came even after Anjali Abraham, lobbyist for the American Civil Liberties Union, warned lawmakers that they are courting legal action.
Abraham pointed out the Arizona Constitution generally does not permit legislators to tinker with voter-approved measures. She said the only changes they can make are those which “further the purpose” of the underlying law.
