Another State Appellate Court Holds That the Police Must Return Medical Marijuana That Was Seized from a Qualified Patient
As in California’s Garden Grove opinion and Oregon’s State v. Kama (Or. App. 2002), the court found that state law mandates the return of marijuana where it is shown that it is lawfully possessed under the state’s medical marijuana laws. Relying on these cases, the court held that federal law does not require a contrary outcome, since a federal immunity provision, 21 U.S.C. section 885(d), provides immunity to state and local police who lawfully administer state law relating to controlled substances. Thus, the immunity provision allows for harmony between state and federal laws. The Okun court went on to deny standing to the State of Arizona in arguing that federal law preempts state law.
Chalk up another victory to medical marijuana patients who have been harassed by the police.
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