The Arizona Supreme Court on Monday refused to take a Yuma County medical marijuana case, where in which a lower court ruled a patient’s possession of marijuana wasn’t illegal under Arizona law, so the marijuana wasn’t subject to be destroyed.
The decision not to hear Arizona v. Valerie Ann Okun settles Arizona law on the question of whether police violate federal law by returning the marijuana to the owner: They don’t, as long as they are under court order to return the drug, the Yellow Sheet Report said.
The Court of Appeals will be taking the White Mountain v. Maricopa County, in which a Maricopa County Superior Court judge found the Controlled Substances Act does not preempt the Arizona Medical Marijuana Act.
Maricopa County Attorney Bill Montgomery has argued county employees are at risk of federal prosecution if they process a zoning permit for a marijuana dispensary. He was unable to convince the Supreme Court to skip the Court of Appeals and take the case on an emergency basis.
Also: Commission recommends approval of second medical marijuana dispensary for Gilbert
If you’d like to discuss medical marijuana, contact Ryan Hurley, director of the Rose Law Group Medical Marijuana Dept.
