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.
In this case, Abraham pointed out, the 2010 initiative specifically says that marijuana held by those who are entitled either to sell it as dispensary operators or possess it as patients "is not subject to seizure or forfeiture.'' Abraham said Yee's legislation not only does not advance the intent of the voters but actually works contrary to what they wanted.
Yee was unconvinced, saying she simply wants to plug a "loophole'' in the law.
The loophole was discovered after Valerie Okun, a California woman was stopped by Border Patrol just inside the Arizona border. Agents found hashish on her and turned them over to the Yuma County Sheriff's Department.
It turns out Okun was a registered medical marijuana user. And the Arizona Medical Marijuana Act says those from other states with similar laws are subject to the same protections against prosecution in state courts.
So while the sheriff's department dropped the case, it refused to return her drugs. She sued and the appellate court ruled she's entitled to get them back.
Kim MacEachern who represents the Arizona Prosecuting Attorneys Advisory Council, acknowledged the court ruling. But she said it provides little comfort to police agencies who are being asked, in essence, to violate federal laws by giving out drugs.
MacEachern said the appellate court, in its ruling, said there is virtually no chance that the federal government is going to prosecute any law enforcement agency for returning someone's medical marijuana. But she told lawmakers that misses the point.
"The fact remains, we tell our children when they're growing up, 'the law is the law and you should obey the law even when someone's not looking,' '' MacEachern said.
"In this case, law enforcement is being told to disobey the federal law because they probably aren't going to get in trouble for it anyway,'' she continued. "That adds to their identity crisis.''
MacEachern told lawmakers that not all situations may be as cut and dried as the Okun case.
She pointed out that sometimes police seize growing marijuana plants.
"Are we supposed to water the plants and keep the plants viable in case we have to return them at the end of the case?'' she asked.
Abraham said there's a simple answer for that: Once police see an individual has a medical marijuana card they should immediately return the plants. She said that would take away the need for them to worry about keeping them alive.
MacEachern suggested an alternate option: Let police destroy the plants but then give the rightful owners the same ability to seek compensation when any other seized property is wrongfully destroyed: seek financial compensation.
Sen. Steve Gallardo, D-Phoenix, said he did not support Proposition 203 when it was approved in 2010. He said, though, the voters approved it and lawmakers should not try to undermine its provisions.
But Rep. Rick Murphy, R-Glendale, said one problem with voter-crafted laws is that there are unforeseen consequences. He said it is the responsibility of the Legislature to make those fixes.
That law allows individuals with a doctor's recommendation to get a card from the state allowing them to obtain up to 2 1/2 ounces of marijuana every two weeks. It also envisions a statewide network of dispensaries to sell the drugs.
The bill now goes to the full Senate.
Leon Ceniceros posted at 6:33 pm on Thu, Feb 14, 2013.
A.W......or is it...."G.W."....as in ....gutless wonder (no name = no credibility.....lol.
The US Govt also has patents out on opiates from Opium.....but Marijuana and Opium are still ..........SCHEDULE 1 SUBSTANCES.
Don't believe me.....then go the the ......US Code........and search ...Title 21....Chapter 13....Sub-Chapter 1, Part B.....and read the Law yourself.
As long as Eric Holder, US Attorney General of the United States declares that Marijuana is a Schedule 1 Substance....then Marijuana is illegal to possess, transport, grow or sell............according to the Law........sorry "G.W"......[sad]
Arizona Willie posted at 10:54 am on Thu, Feb 14, 2013.
Leon, if the Federal Government believes there is no medical use for marijuana --- why has it given itself a patent on the cannabinoids in marijuana?
Leon Ceniceros posted at 9:36 am on Thu, Feb 14, 2013.
Sorry "Tokers & Smokers" and other assorted Democrats but America is still a Nation of Laws and the Supremacy Clause of the Constitution is still in place.
Marijuana is still listed under the US Code of Law, Title 21, Chapter 13, Sub-Chapter 1,Part B.
A drug that has a high potential for abuse. A drug that has been determined by the Federal Government of the United States to have no currently accepted medical use. A drug that had a lack of accepted safety, even under medical supervision.
I didn't make this Law up. The Arizona Senate Republicans didn't make this Law up. It is given annual review by the United States Government and every year the United States Government (President Barack Hussein Obama) signs off that Marijuana is a "Schedule 1" drug.
Tokers, Smokers and Midnight Jokers...you gotta problem with the Law....then call the White House......[beam]
Eichlerdreams posted at 5:10 pm on Tue, Feb 12, 2013.
I am so glad there is an ACLU.
Ms Abraham, a sincere thank you.
This destruction of property is clearly wrong. Arizona just does not want to follow the will of the electorate.
Arizona Willie posted at 11:39 am on Tue, Feb 12, 2013.
i can see it now. Patient goes into dispensary and comes out with his meds in a little bag and an Officer jumps out of the bushes and grabs his bag and tell him he's under arrest and throws the bag in a portable incinerator and then allows the patient to show him his Medical Marijuana Card.
" Oh, sorry, well it's gone now so I can't give it back but it's illegal under Federal Law so we can do this. "
Or, alternatively, ' give me $50 and I'll look at your card first instead of destroying your weed first. '
IAB posted at 10:48 am on Tue, Feb 12, 2013.
So according to Kim MacEachern The tax payer should pay the legal card holder back with money so our police can feel better??? Why do we the tax payers have to compensate a card holder for something the police stole from them??
valleynative posted at 10:35 am on Tue, Feb 12, 2013.
Leon, Federal Laws are only supreme when they are, themselves, constitutional.
The constitution doesn't grant the federal government the right to tell citizens of the several states what they may or may not possess.
You should read the Constitution some day. The President has no such power.
truncate posted at 10:31 am on Tue, Feb 12, 2013.
Do you ever sleep Leon?
Leon Ceniceros posted at 9:56 am on Tue, Feb 12, 2013.
Sorry, but the Constitution was very clear....Federal Laws are supreme over State's Laws.
It is against Federal Law to own, use or sell....marijuana.......period.
Federal Law does not acknowledge "medical use".
If President Obama wants to make marijuana legal............all it would take would be a........"stroke of his pen".
He can do the same thing that he did for gays, trans-genders, trans-sexuals, cross-dressers and lesbians regarding the Military......a stroke of the pen.
truncate posted at 9:54 am on Tue, Feb 12, 2013.
The AZ Legislature supports the will of the people as long as that aligns with their will. These guys just do things to cause uneccessary lawsuits and enrich their lawyer pals defending their stupidity at tax payer expense!!!