According to reports out of Arizona, there have been several incidents of police in Gilbert, Arizona taking valid medical marijuana cardholders to jail, despite ample evidence of their legality under Arizona’s new medical marijuana law.

One man says he was pulled over by Gilbert police late one night and despite having only a half ounce of cannabis in clearly labeled baggies and a valid Arizona medical marijuana card – which allows patients to posses up to 2 1/2 ounces of marijuana – he was taken to jail.

Other incidents include a SWAT raid of a legal patient who had one ounce of cannabis and a raid of a business where legal patients sell medicine to other legal patients.

But law enforcement in other areas of Arizona seem to be aware of the new medical marijuana law – like Scottsdale’s police spokesman, Sergeant Mark Clark, who said if someone is caught with 2 1/2 ounces or less of marijuana and has a valid state medical marijuana card, “the investigation stops there.” And Phoenix Sergeant Steve Martos, who said, “If you’re within the legal amount of whatever, you’re good to go. There’s no reason for us to do anything.”

So what’s the problem with Gilbert police? Is it a case of rogue cops high on power, not willing to accept some of their arresting power being taken away?

With Governor Brewer being opposed to medical marijuana in the first place, it’s doubtful that state authorities will be doing anything to bring Gilbert police back into line with the law.

It seems the battle for medical marijuana in Arizona is far from over.

15 Responses

  1. Jonny

    Bunch of backwards idiots.
    Wake up, stop intruding on peoples privacy.
    The vote says MMJ is legal in AZ.
    Follow the law, follow the peoples vote.
    Go bust meth labs , rapists, and murderers.
    Stop acting like a bunch of jerks!!


    Seeing these reports really upset me after having gone to Gilbert’s P&Z meetings to make sure they didn’t enact zoning restrictions against patients and caregivers that would get them sued. As did Ross Taylor the patient who’s house was raided, also owner of CPSC.

    Guess next time I go to Gilbert it will be with a stack of law suits.

  3. brad

    ya go get the meth labs go clean up guadupes huge drug trade. stop wasting ur time on taking peoples meds u bullys

  4. Dawn Peterson

    I had hopes there might be something good happening in Arizona in light of the crap the feds pulled in Montana. Guess I was wrong. I am hoping the lawsuit here affects you all in great ways, but I won’t get my hopes up. The fed’s hand is being forced so they need to put up or shut up – the bad dream continues until the government steps in and makes their point clear.

  5. digitaldave

    The officers are breaking the Law and someone needs to place them under ‘citizens arrest’. At all times during the process they should be videotaped by not one camera…but many!

  6. AZ guy

    “One man says he was pulled over by Gilbert police late one night and despite having only a half ounce of cannabis in clearly labeled baggies and a valid Arizona medical marijuana card – which allows patients to posses up to 2 1/2 ounces of marijuana – he was taken to jail.” There is one key thing that this article has failed to mention, if he was under the influence and operating a motor vehicle. While he may have every right to have marijuana by law, but he has no legal right for driving while under the influence of marijuana. So the police may be right in that case.

  7. DANIEL_7322

    If any of this gets to court, what then. Hopefully, the police will be scolded for wasting valuable court time and put in their places. Clearly, they think that they know better than the majority who voted for medicinal cannabis and also of course that they are above the law and invincible. Attempting to enforce non exhistent laws is delousional and rogue,

  8. Synchros

    Re vehicles. Being impaered by Cannabis while operating a motor vehicle is illegal. Using cannabis while in possession or operating a motor vehicle is illegal. Operating a motor vehicle unimpaired after having ingested cannabis in a lawful way (other than in the vehicle or a public place) while possessing cannabis is _LEGAL_. Any cop that says otherwise is bullsh*tting and can be shut down if you are polite and firm about the law. They must show that you are in a state of impairment, rather than just influenced by your medication.

  9. popo

    Who do the “police ” work for again, the federal government or the Arizona citizens sometimes I forget too, looks like they didn’t read the prop that over 800,00 Arizonans voted into law 🙂

  10. BM

    the Gilbert pigs are just that – scumbag pigs. They aren’t out to serve and protect anyone; they are out to harass, intimidate, and victimize their citizens. I grew up in Gilbert, lived here for over 20 years, but sadly I will be moving very soon due to the horrible police state that it’s become. needless to say I’ve been harassed by these assholes before and I can say they really love their power trip. There may be some good cops out there, I just wish there was a way to get rid of the at least 90% that are truly scum.

  11. Sean

    Its ok, Tim Dorn Chief of Police is going to also get sued in civil court over this for failure to perform his duties as police chief. 🙂

  12. jake

    give me a test when pulled over to see if i am under the influence of MMJ and i will pass that test with flying colors. Lots of people can be under MMJ and operate just fine. Its not like alcohol at all. When ur too high u most likely dont do much of anything.So that police officer was wrong 100%. So fuck POLICE in Gilbert, AZ

  13. feelingscrewed

    I was pulled over in Mesa for giving another patient Meds for a donation. BTW I also have a card. They let me go but took the money and said I will have to appear before a judge. Also when they said I could leave they gave me no paper. card, or info of any kind and again, took the money.

  14. Lonnie_Love

    Thats a question that you should ask someone in the Gilbert Police Department. Not a single person from my “arresting officer” Stracke, badge 4176, his supervisor Sgt Gutner (#1155) to the Internal Affairs, Sgt Hurd could tell me the answers to this question. Case/Report number 12-020557 at Gilbert PD. Call and ask about it… detained 11/27/12 and 12/20/12 for “DUI” and no citations on either stop and no trial as of 7/14/2013.

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