An Encinitas woman whose medical marijuana was confiscated by U.S. Border Patrol agents in Arizona more than three years ago won a legal victory this week, it was reported Wednesday.

Valerie Okun and her husband were on their way to a gem show in Yuma in January 2011 when she declared the three-quarters of an ounce of marijuana at a Border Patrol checkpoint and saw it confiscated.

Medical marijuana shop. Image courtesy Wikimedia Commons

On Monday, the U.S. Supreme Court declined to hear Yuma Sheriff Leon Wilmot’s appeal on the case, meaning the Arizona State Supreme Court’s earlier ruling in favor of Okun stands, according to U-T San Diego.

Michael Donovan, Okun’s attorney, told the newspaper that his client, who has lupus, presented the marijuana in two label prescription bottles and has a medical marijuana card in California that is recognized under Arizona law.

Though she was initially charged with three felonies, those charges were later dropped after she proved she had a legitimate right to possess the drug.

The marijuana has been sitting in evidence in Arizona for three years and is expected to be returned to Okun following Monday’s legal victory, though the drug is useless now because of its age.

— City News Service

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