Rejecting the pleas of the state's former top federal prosecutor, a House panel voted Thursday to let police destroy marijuana they have seized even if it turns out the person had a right to possess it.
Melvin McDonald, who was the U.S. Attorney for Arizona in the early 1980s, told members of the Judiciary Committee that SB 1441 is an improper end-run around the 2010 voter approval of the Arizona Medical Marijuana Act. And he called the fear by police that they will be subject to prosecution under federal law if they give back the drugs "utter nonsense.''
McDonald admitted he is more than an idle bystander.
He told lawmakers of the seizures suffered by his stepson, Bennett Black, who suffered a traumatic brain injury in a 1997 accident and eventually had to have part of his brain removed. McDonald said both the seizures and the pills designed to control them made Bennett sick and nauseous.
It was only when his wife, Cindy, began to get marijuana for their son -- illegally until the law was passed -- that he was actually able to eat and reverse the weight loss from 180 pounds to 118 pounds.
Committee members approved the measure anyway on a 5-3 party-line vote. Its fate, however, , remains uncertain.
Two of the Republicans who supported the legislation said they did so to give the full House a chance to weigh in. But they expressed concern with anything they believe undermines the 2010 law.
Rep. Ethan Orr of Tucson said he fears that the legislation could be used to effectively shut down an entire medical marijuana clinic by seizing the drugs, leaving its patients without their drugs while the clinic owners sought out a new supply.
And Rep. Doris Goodale of Kingman explained how she used to be against anyone using marijuana.
"I have come to realize through personal family situations that yes, there is an applicable use of medical marijuana,'' she said. Goodale also said she does not want to undermine the will of the public which created the program.
Those soft Republican votes are only part of the problem faced by the Arizona Prosecuting Attorneys Advisory Council which already has pushed the measure through the Senate.
Because the law was adopted by voters, it can be amended only with a three-fourths vote of each chamber. That means proponents have to convince 45 of the 60 House members to go along.
And Anjali Abraham with the American Civil Liberties Union said even that may not work.
She pointed out the Arizona Constitution allows legislators to tinker with voter-approved measures only when the "further the purpose'' of the original law. Abraham said allowing police to keep marijuana taken from patients does not do that.
The legislation is designed to overturn a ruling last year by the state Court of Appeals.
In that case, Valerie Okun, a California medical marijuana patient, was stopped by Border Patrol just inside Arizona. The agents took her marijuana and referred the case to the Yuma County Attorney's Office for prosecution.
The case was dropped after Okun eventually produced her California medical marijuana card. Arizona law, which allows those with a doctor's recommendation and a state-issued card to obtain up to 2 1/2 ounces of marijuana every two weeks, provides similar recognition to patients from other states.
But when Okun demanded her marijuana back, the Yuma County Sheriff's Office refused, saying deputies would be violating federal laws which continue to make possession of marijuana a crime.
The appellate judges, however, said there is no danger of federal prosecution, at least in part because the deputies would be obeying a lawful court order.
That case is now on appeal to the Arizona Supreme Court. But Kim MacEachern, lobbyist for the prosecutors, said lawmakers should make clear that marijuana, once seized, cannot be returned.
McDonald told lawmakers any concern about federal prosecution is "utter nonsense.''
"The Department of Justice has more issues on their plate than to worry about a deputy sheriff turning back to a lady marijuana that should have never been seized in the first place,'' he said. And he said the legislation lacks merit.
"It is nothing more than prosecutors trying to yet create another exception to allow them to do what the voters of the state of Arizona said you can't do,'' McDonald said. He said those who have medical marijuana need it to live.
"My boy does not eat without first taking the marijuana,'' he said.
MacEachern said the legislation still leaves patients with the option of filing a claim against the agency for the value of the drugs taken.
She also said the prosecutors' desire to destroy the drugs is not unprecedented. MacEachern said that's what happens with prescription drugs when police take it from individuals who cannot immediately prove they are entitled to possess them.
Leon Ceniceros posted at 12:27 pm on Sat, Mar 9, 2013.
Federal Law declares Marijuana to be a Schedule 1 "substance" which can not be possessed, sold, grown or dispensed. The Law states that Marijuana has no "medical value".
In 4 years....Republican Rand Paul may be the President and he is not going to turn a blind eye on this Law like B.H.O...........then what does Arizona do.
Marijuana is an illegal substance per the United States Code of Law = burn it.
teknik posted at 7:24 pm on Sat, Mar 9, 2013.
Hey Leon, better do some research.
first, nowhere in the constitution does it prohibit the use of cannabis,
second, better double check how Rand Paul stands on this issue.
Unlike you he actually believes is small government and personal liberty.
Get your government out of my house. "Small Government" my behind, lol
Ateam1 posted at 9:16 pm on Sat, Mar 9, 2013.
Hey teknik: Will it be OK To legalize METH. Because someone is Tired? Or Do We Leave That For The Military Boys Use Only? PLEASE EXPLAIN.LOL
Leon Ceniceros posted at 10:03 pm on Sat, Mar 9, 2013.
Dear "teknik",
The Constitution didn't "prohibit" cannabis because at the time that the Constitution was written, no American citizens were toking.
teknik posted at 6:43 am on Sun, Mar 10, 2013.
Meth is actually a schedule II drug, Cannabis is a schedule I drug. This means that yes a dr could prescribe meth and there's some pharasuiticals out there that do much the same thing as speed, but it might not make your teeth fall out and your skin boil.
on the subject of legal drugs we have hydromorhphone HCL
it's legal and it's pure smack, but better. A junkies wet dream.
Leon, George Washington and John Adams both grew cannabis.
do your due diligence and research. you hate what others do in their own home in privacy when it has nothing to do with you and then you call yourself a conservative.
you have no idea what the Constitution grants us.
teknik posted at 6:47 am on Sun, Mar 10, 2013.
oh yeah, if the constitution didn't make it illegal and our state has made it legal for Dr.s to recommend guess what.
it's legal in the eyes of the constitution.
Also, Washington DC had a medical cannabis law. Congress passes laws in DC.
This means, according the the Constitution's equal protection clause that all State medicinal cannabis programs are legal.
If you don't think California has been all the way to the supreme court on this you better think again.
You must hate democracy.
Leon Ceniceros posted at 7:38 am on Sun, Mar 10, 2013.
Does Marijuana fry the brain or cause blindness or what......????
ARTICLE VI (VI = LATIN FOR THE NUMBER 6), CLAUSE 2, CONSTITUTION OF THE UNITED STATES OF AMERICA;
FEDERAL STATUTES ARE THE "LAW OF THE LAND".....ALL STATE JUDGES "MUST" FOLLOW FEDERAL LAW WHEN A CONFLICT ARISES BETWEEN FEDERAL LAW AND EITHER THE STATE CONSTITUTION OR STATE LAW OF ANY STATE.
Tokers, smokers and midnight jokers....if you don't like the fact that Marijuana is a Schedule 1 substances...then call the White House and if Barack Hussein Obama is out flying around the Country and giving one of his boring lecture/speeches to a Unionized Company or Factory.....or some "Po-Dunk" small town that loves having any attention.................and tell B.H.O.....to sign and exception for Marijuana. Only the President or Congress can remove .....Marijuana from the List of Prohibited Schedule 1 Substances.
Ateam1 posted at 8:14 pm on Sun, Mar 10, 2013.
I think it's time to do a march on d.c. and demand that all law abiding citizens should be allowed the right's to own CLASS 3 Weapons! OH WAIT, Sorry, I didn't mean LAW Abiding. That wouldn't fit with this administrations policy's, would it?!!![wink]
Floyd's Farm-Assist posted at 12:01 pm on Tue, Mar 12, 2013.
If ANYONE should questions the Schedule of a plant they need to look at PEANUTS. 400 people EVERY YEAR die from them. So Cannabis should have a lower "Schedule". Oh, that's right.... PEANUTS have NO SCHEDULE! If you want the U.S. GOV'T PubMed link to the ENDOCANNABINOID DEFICIENCY Medical condition now listed..... I have it.