California High Court Says Police Must Return MMJ!

California High Court Says Police Must Return MMJ!
Posted by FoM on April 29, 1999 at 20:27:25 PT
Source: NORML
Ukiah, CA Police who improperly seize medical marijuana from California patients must return it, according to a ruling by the state Supreme Court. The decision forced Mendocino County police last week to return a half pound of dried marijuana to a Ukiah patient who used the drug in compliance with Proposition 215, the state's medical marijuana law.
   "It's the first time the Court has allowed a person to walk out of a police station with marijuana legally in their hands," said attorney Hannah Nelson, who handled the two-year case pro bono. "The fact is that the marijuana was being used legally and he has a right to it."   Police initially seized the marijuana in a 1997 raid on patients Christopher Brown and his wife, now deceased. The District Attorney's office later dismissed charges against the couple after determining the defendants used the marijuana medically for their own personal use under a physician's supervision.   Nelson filed a motion in municipal court mandating police to return the Brown's supply of medical marijuana. The lower court granted the motion, and the Superior Court and the California Court of Appeals, First District, affirmed their decision. The state appealed to the California Supreme Court, which affirmed the lower court rulings.   "The Court found at all levels that the marijuana in this case was not contraband, but legal under state law," NORML Executive Director R. Keith Stroup, Esq. said. "Therefore, they had no choice but to order police to return Christopher Brown's legal property."   The High Court dismissed the state's argument that the drug's illegal status under federal law prohibits police from returning marijuana deemed legal under state law.   For more information, please contact either Keith Stroup of NORML   (202) 483-5500 or attorney Hannah Nelson   (707) 923-1933. 
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Comment #1 posted by eternil`` on April 30, 1999 at 12:08:14 PT
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