Kimberly Yee, State Lawmaker, Wants to Give Cops the Right to Destroy Seized Medical Pot -- Even if Cops Seized it Illegally

Categories: Medical Weed

yee kimberly 2.jpg
State Senator Kimberly Yee, R-Phoenix

Arizona police would have the right to destroy medical marijuana seized in investigations under a proposed law -- even if the police seizures were made improperly or illegally.

State Senator Kimberly Yee, R-Phoenix, hasn't actually introduced a bill yet at the State Capitol, apparently preferring to introduce her legislative ideas first in the Arizona Republic. An article this morning by Yvonne Wingett Sanchez describes Yee's intent to float the seizure-happy bill, plus another bill that intends to restrict the way dispensaries could advertise their products.

Republican lawmakers like Yee make Democrats look like Libertarians. Yee's proposals would apparently flush the First and Fourth Amendments down the crapper.

See also: New Medical-Marijuana Poll Shows High Support by Arizonans; Poll Done by Same Firm Used by Pot Foe John Kavanagh


We called Yee this morning at 8:15 a.m. to find out what she really intends to propose, and whether there are any exceptions for illegal or improper actions by police. Haven't heard back from her yet.

Yee seems to be upset at Arizona judges who put state law and the will of the people ahead of the police state she'd rather live under. Last month, the state Court of Appeals ordered the return of a few grams of medical-marijuana improperly seized by the Yuma County Sheriff's Office from California resident Valerie Okun during a U.S. Border Patrol drug-sniffing-dog checkpoint inspection. Yee would prefer that sort of thing doesn't happen again.

Yavapai County Attorney Sheila Polk, who famously stood up to the corruption of Maricopa Sheriff Joe Arpaio but takes a hard line on the marijuana debate, told the Republic she supports Yee's ideas:


"If law enforcement goes in, and there's 14 plants, and they pull out the plants... and the expectation is that they have to be returned, what's law enforcement to do?" Polk asked. "Plant the plants, water them and continue to cultivate them? The idea that law enforcement would be cultivating marijuana is an outrageous idea."

The problem is that Polk, who we've caught spreading disinformation previously on the pot issue, picked the number "14" here to avoid the kind of conundrum we're talking about.

The more salient question is what if law enforcement "goes in" and pulls up 12 plants for some reason, even if the registered patient is legally able to grow 12 plants? Whether the seizure was an accident or intentional, Yee's proposal would allow police to destroy the legal property.

Yet many police chiefs, sheriffs and county attorneys have openly rejected neutrality on the political issue of marijuana. They're frustrated they can't make the busts they're used to making. With a law like the one Yee's proposing, they can still get the satisfaction of seizing a patient's property, even when the desire to jail and fine the patient is thwarted by state law.

The other proposal, according to Sanchez's article, aims to have the licenses yanked for dispensaries "that package or advertise the drug in a way that states, suggests or implies it's for a use other than medicinal purposes allowed." Again, that's not the bill's language -- we haven't seen a bill yet -- but is how Yee's proposal was described in the news article.

In our humble opinion, it seems reasonable to label pot-infused lollipops or other food items as such. If adults want to consume "medibles," that's fine -- but kids and adults who prefer unadulterated food items should be able to tell from the packaging what they're about to eat.

On the other hand, the terms "suggests or implies" are awfully vague and may threaten free speech rights. If a medical-pot brownie is labeled as such, but is also advertised or labelled as especially good-tasting and enjoyable to eat, does that "imply" a use for other than just medicinal purposes? And whose job would it be to figure out what's being suggested or implied?

We'll update this post if Yee calls back. Until we see a bill introduced, maybe we'll just assume Yee was kidding.

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13 comments
One_Pro_Se
One_Pro_Se

this is about revenue folks.

well, it's about ignorance as well but more on that later.

What is the roll of this woman? ask yourself what her job really is? Does she work for a business? Does she have a "boss"?
Don't get it twisted AZ...your going to see more of this garbage shortly. Promises have been made, millions of dollars are in the mix and this is about two sides of the same coin working together to gain control. However outward appearances would have the viewer believe they weren't working together.

This proposed garbage has already been determined to be a bad idea in other mmj states ms yee, start reading the news before you make some next time.
Most other states simply video and photo plants, because they obviously don't have the resources or desire to continue cultivating them until the case is decided. And what happens when one of these patients decides your violating their newly afforded legal rights under the State Constitution?? That won't end up in a tort claims court, will it?? Your highly regarded seizure revenue will be useless then.

Be very aware AZ, there are well educated litigants out there heading hunting precedence setting cases for the glory as well as the restitution involved. One slip up, and you could have a backfire that spreads collateral damage like wildfire through the AZ MMJ industry.

we're watching you, we're listening to you, every word, we know what you're doing, and we don't like it.


jerk_store
jerk_store

"If law enforcement goes in, and there's 14 plants, and they pull out the plants... and the expectation is that they have to be returned, what's law enforcement to do?" Polk asked. "Plant the plants, water them and continue to cultivate them? The idea that law enforcement would be cultivating marijuana is an outrageous idea."

How about, I don't know, giving the plants to someone who can take care of them? Why does it have to be cops who keep them?

Also, Yee is a fucking moron. Her proposed bills over the years are all nothing but pandering to a Tea Party base who already despise her because she's 1.) a woman and 2.) Asian. Way to sell out.

robert_graham
robert_graham topcommenter

There's no such that as seizing pot illegally because pot is illegal!

cmiller2900
cmiller2900

Wow, so she is making it easier for the Police to use and or sell acquired medicine they get in routine stops. I think urinalysis for the police force should be included in this bill but she apparently wants our Police force high and drunk all the time with no impunity.

raystern
raystern

Masked -- No, it was my bad. I got her name right throughout the story, but for some reason put "Michelle" in the headline. It was up like that for an hour before I noticed and fixed it. My apologies to Yee and our readers.

hemp
hemp

Those police have been policing for profit for decades.

You'll do more time in AZ. for marijuana then murder, rape or child molestation.

Why are politicians and the judicial system trying to do the job of physicians and Naturopaths?  After all look at their track record-the longest, most expensive and deadliest war!

MaskedMagician1967
MaskedMagician1967 topcommenter

Piss on Michelle Yee.

I thought TeaBaggers were all about the rule of law and loving the Constitution.

I say recall Yee now!

shadeaux14
shadeaux14

@MaskedMagician1967 You could recall Yee and every other fascist wingnut in the legislature and the dumb ass population of Arizona would just elect the same OR WORSE to replace them. 

MaskedMagician1967
MaskedMagician1967 topcommenter

@shadeaux14

Wouldn't surprise me in the least if that actually happened.

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