Pubdate: Tue, 28 Aug 2012
Source: Sun, The (Yuma, AZ)
Copyright: 2012 The Sun
Contact: http://www.yumasun.com/sections/opinion/submit-letters/
Website: http://www.yumasun.com/
Details: http://www.mapinc.org/media/1258

MUCH RESTS ON DISPUTE OVER RETURN OF 'POT'

The issue of medical marijuana seems to be one of those that foster 
disagreement, even among members of the justice system.

The latest example of this here in our state involves the Yuma County 
Sheriff's Office and the Yuma County judicial system.

The dispute was reported in the Yuma Sun Tuesday. It involves the 
confiscation of marijuana from a registered medical marijuana user 
from California. The woman was detained at a Border Patrol checkpoint 
east of Yuma and her marijuana was confiscated. The border agents 
turned the case and the marijuana over to the sheriff's office.

The outcome was interesting. Her case ended up being dismissed. She 
was not happy with just that, however. She wanted her marijuana back 
and that is when the legal fight really began. Sheriff Ralph Ogden 
said, "No way." The woman complained. A Yuma County judge and court 
commissioner ordered the sheriff's office to give it back. The 
sheriff still said, "No way." It is now before an appeals court.

This incident illustrates the complexity of the medical marijuana 
issue in Arizona.

Under state law, Arizona authorities are required to respect the 
rights of registered users from other states, presumably including 
California. The woman's attorney also pointed out the state law says 
legal medical marijuana cannot be "subject to seizure or forfeiture."

There is a classic conflict here that we hope the appeals court will 
help resolve - although undoubtedly it may go to an even higher court 
after that.

It is understandable that law officers find turning over drugs to 
someone unappealing. They spend their professional lives fighting 
drugs. If fact, they believe it is more than unappealing. They view 
returning the marijuana as breaking the law - even though Arizona 
law, the court commissioner and even Arizona Attorney General Tom 
Horne say it is not - because federal law makes no exception for 
medical use of marijuana.

This is not the first dispute over medical use of marijuana in 
Arizona, but as far as we know it is the first between different 
branches of the justice system. The outcome will be interesting 
indeed, as well as having far-reaching legal impact on how the 
marijuana law is applied.
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MAP posted-by: Jay Bergstrom