Wilmot is asking that the Okun case be considered for review due to concerns “that any Court stating that a Law Enforcement agency will have immunity from prosecution in itself is evidence that the act is criminal in nature. We are in the business of enforcing laws—not breaking them.”
Arizona’s Supreme Court refused to hear Arizona v. Valerie Ann Okun which challenged an order by a superior court judge that a patient’s possession of marijuana wasn’t illegal under Arizona law, so the marijuana was not subject to forfeiture.
In the Okun case, the Yuma County Sheriff’s Office refused to obey a superior court judge’s order to return the marijuana to Okun, on the grounds that it would violate federal law if it did so.
Wilmot said in a statement released Wednesday that “It was unfortunate that the Arizona Supreme Court refused to review this case especially considering the broad implications on local Law Enforcement’s ability to enforce State vs. Federal law.” He said that the “particular case raises red flags for this agency due to the fact that the act being ordered by the court is also a Felony chargeable offense by Federal Law.”