cannabisnews.com: Court To City: Return Pot User's Stash Court To City: Return Pot User's Stash Posted by CN Staff on November 29, 2007 at 19:53:19 PT By Mike McKee, The Recorder Source: Recorder California -- Medical pot-using patients won a major victory Wednesday when a California appeal court ruled that Garden Grove cops must return the marijuana they confiscated from a Southern California man during a traffic stop.The man's attorney, Joseph Elford, chief counsel for the Oakland-based Americans for Safe Access, was almost breathless from excitement in confirming that the ruling was the first published decision in which a California appellate court ordered the return of doctor-approved medical marijuana. "This is a huge case for us," Elford said. "It's probably the greatest legal victory for medical marijuana patients in California to date."He was especially happy that the court took the extra step of declaring that medical marijuana patients are not criminals under state law, and that local police officers aren't supposed to be in the business of enforcing federal laws that criminalize pot possession.Felix Kha was pulled over by Garden Grove police officers on June 10, 2005, for running a red light. While searching his car, officers found 8.1 grams of marijuana in a container labeled "medical cannabis." They charged Kha with possession.After confirming that Kha's doctor had recommended marijuana for severe pain, prosecutors dismissed the possession charge, but refused to return Kha's pot. Orange County Superior Court Judge Linda Marks ruled, however, that the marijuana should be returned because there was no illegal possession, considering charges had been dropped.The city of Garden Grove appealed, arguing that, consistent with federal drug policy, Kha's marijuana must be destroyed. A host of other cities, as well as several law enforcement organizations, signed on as amici curiae, arguing that the judge's decision would undermine police morale and send the wrong message to officers involved in the war on drugs.Kha, meanwhile, had the backing of the California attorney general's office, which said in an amicus brief that Kha's possession of marijuana for medical use was legal under state law and that federal law didn't preclude returning his pot.In a 41-page opinion, Santa Ana's 4th District Court of Appeal agreed with Kha and the AG's office."Withholding small amounts of marijuana from people like Kha who are qualified patients under the [Compassionate Use Act] would frustrate the will of the people to ensure such patients have the right to obtain and use marijuana without fear of criminal prosecution or sanction," Justice William Bedsworth wrote. "It would also ... be inconsistent with due process, as well as other provisions of the law that contemplate the return of lawfully possessed property."Justices Richard Aronson and Richard Fybel concurred.The justices also took exception with the law enforcement amici's characterization of Kha as a criminal defendant."Kha is clearly not a criminal defendant with respect to the subject marijuana," Bedsworth wrote. "Since the prosecution dismissed the drug charge he was facing, he is nothing more than an aggrieved citizen who is seeking the return of his property. The terms 'criminal' and 'defendant' do not aptly apply to him."In addition, the court pooh-poohed the law enforcement amici's arguments that police are generally charged with enforcing "the law of the land," including federal laws."We appreciate these considerations and understand police officers at all levels of government have an interest in the interdiction of illegal drugs," Bedsworth wrote. "But it must be remembered it is not the job of the local police to enforce the federal drug laws as such."By complying with the court order to return Kha's pot, Bedsworth added, Garden Grove officers "will actually be facilitating a primary principle of federalism, which is to allow the states to innovate in areas bearing on the health and well-being of their citizens."The ruling is The City of Garden Grove v. Superior Court (Kha), G036250.Source: Recorder, The (CA)Author: Mike McKee, The RecorderPublished: November 30, 2007Copyright: 2007 ALM Properties, Inc.Contact: http://tinyurl.com/yua3l5Website: http://www.law.com/jsp/ca/index.jspAmericans For Safe Accesshttp://www.safeaccessnow.org/CannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml Home Comment Email Register Recent Comments Help Comment #6 posted by OverwhelmSam on December 07, 2007 at 22:32:10 PT Some Judges At least some judges in this country still have integrity. It's the prosecutors who now need to be instructed about their petty vendeta against cannabis consumers, or alternatively, put out to pasture. Time for some new blood at all levels of government. The same tired old politicians don't appear to be able to think past their thick skulls. [ Post Comment ] Comment #5 posted by The GCW on November 30, 2007 at 08:49:58 PT Next they will start crying. AWE,"...decision would undermine police morale and send the wrong message to officers involved in the war on drugs."Poor poor cops - Maybe citizens should let them cage responsible adults for using the relatively safe God-given plant cannabis so they don't weep.-0-Phsycho shrink's lobbyists should work on that market... and think of all the Pharm meds they will be able to sell cops with reduced self esteem.-0-?Wrong message???? If cops want to play stupid, We'll treat them like they are stupid. [ Post Comment ] Comment #4 posted by Had Enough on November 30, 2007 at 05:33:41 PT Twist & Shout “The city of Garden Grove appealed, arguing that, consistent with federal drug policy, Kha's marijuana must be destroyed. A host of other cities, as well as several law enforcement organizations, signed on as amici curiae, arguing that the judge's decision would undermine police morale and send the wrong message to officers involved in the war on drugs.”New twist. It’s normally about sending the wrong message to the children. Now they are saying that it will send the wrong message to the police and it might hurt their feelings.No mention of the civilian lives destroyed, jailed, people physically harmed, and let us not forget the corruption from law enforcement by unjust and outdated “Laws of the Land” [ Post Comment ] Comment #3 posted by mayan on November 30, 2007 at 03:12:25 PT Australia Ex-rock star appointed environment minister: PM-elect names former Midnight Oil frontman, Asian-born woman to push pro-Kyoto agenda: http://www.thestar.com/News/article/281293 [ Post Comment ] Comment #2 posted by mayan on November 30, 2007 at 02:53:48 PT Backfire! The fascist's appeal didn't quite turn out as they would've liked. What a ruling!THE WAY OUT IS THE WAY IN...Stopping The Next Pearl Harbor: http://openingmind.blogspot.com/2007/11/stopping-next-pearl-harbor-if-enough.htmlRudy's Ties to a Terror Sheikh: http://www.villagevoice.com/news/0748,barrett,78478,6.html/1Canada's Petition and March on Capital Hill - OTTAWA - 9/11/08 http://911blogger.com/node/12731The Second Annual Boston Tea Party and Conference for 9/11 Truth! December 15,16: http://boston911truth.org/teaparty/9/11 WAS AN INSIDE JOB - OUR NATION IS IN PERIL: http://www.911sharethetruth.com/ [ Post Comment ] Comment #1 posted by dankhank on November 30, 2007 at 02:07:02 PT progress ... continues in the face of an implacable monster that wants to put sick people in jail or just steal their medicine.good job from the California judges ... [ Post Comment ] Post Comment