He states, “On July 9, 2013 I became aware of the Arizona Supreme Court’s refusal to review the Valerie Okun case. 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 versus Federal law.
Our concern is 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. This 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.”
Wilmot adds his office has been in discussions with the Yuma County Attorney’s Office and hopes to prepare a Petition for Writ of Certiorari to the United States Supreme Court, asking that the Okun case be considered for review.
Okun, a California resident, was arrested in Yuma County after traveling through a United States Border Patrol checkpoint along Interstate-Eight in 2011. The judge agreed to allow the marijuana returned to her. State law allows medical marijuana users to possess up to two-and-a-half ounces at any given time.