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PHOENIX — An Arizona appellate court has ruled that the Yuma County sheriff must return marijuana that was seized from a woman with a California medical marijuana authorization honored by Arizona.

The Court of Appeals' ruling Thursday says medical marijuana seized from Valerie Okun must be returned to her because Arizona's medical marijuana law allows people with medical marijuana authorizations from other states to legally possess marijuana in Arizona.

The marijuana was found Okun's vehicle at a Border Patrol checkpoint near Yuma. State drug charges against her were dismissed after she showed she had authorization under California's medical marijuana program.

The Arizona court declined to consider prosecutors' argument that federal drug law invalidates Arizona's medical marijuana law.

The Court of Appeals' ruling upholds one by a Yuma County Superior Court judge.

Copyright 2013 The Associated Press.

Associated Press,

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    Constitutionalist wrote...
    Mixed signals: Double standard
    How is it that the appellate court would not consider listening to prosecution regarding it being a federal law that it is illegal to possess marijuana, yet regarding things such as immigration the courts will get all over states if they dare step into laws that are already in place by the federal government. I don't disagree that states should not make laws already in place on a federal level, but the court should not be able to pick and chose which state laws to strike down because it is a federal law.
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