cannabisnews.com: Court Orders Police To Return Marijuana 





Court Orders Police To Return Marijuana 
Posted by CN Staff on November 30, 2007 at 05:40:17 PT
By Rebecca Cathcart
Source: New York Times
Los Angeles, CA -- A California appeals court has ordered the police in Garden Grove to return marijuana that was seized from a man during a routine traffic stop, ruling that enforcement of federal drug laws did not supersede the state’s allowance of marijuana for medicinal purposes. The man, Felix Kha, had a doctor’s prescription for the marijuana, which he used for the treatment of chronic pain.
In the ruling issued Wednesday, a three-judge panel from the state’s Fourth District Court of Appeals cited constitutional principles of federalism and power-sharing between state and national governments in ordering the marijuana returned. California law allows for the prescription and possession of medical marijuana in amounts of less than eight ounces.Police officers pulled over Mr. Kha in Garden Grove, south of Los Angeles, in 2005 for running a stop sign. When they asked him if he was in possession of any illegal substances, Mr. Kha, now 22, said he had marijuana prescribed to him by a doctor. Officers seized the marijuana, about a quarter of an ounce, and cited Mr. Kha for possession of marijuana and a traffic violation. Mr. Kha pleaded guilty to running the stop sign and asked the judge for the return of his marijuana. After hearing proof of the authenticity of the doctor’s note, he was given permission to retrieve the marijuana.But the Garden Grove Police Department refused to return it when Mr. Kha presented them with the court order, said his lawyer, Joe Elford of Americans for Safe Access, a group that advocates medicinal uses of marijuana.“He had to go to court three times to get this order,” Mr. Elford said. “When the police have no probable cause to believe that people are violating state law, they shouldn’t be seizing their medical marijuana or citing them.” The Garden Grove police took the case to the appeals court, where it remained until this year, when judges denied the department’s petition and upheld the original order. The California State Sheriffs’ Association, the California Peace Officers’ Association and the California Police Chiefs Association each filed briefs in support of the Garden Grove police. One brief, filed in 2006, stated that the court’s decision would have “a profound impact” on law enforcement officers in California. “We have a state court ordering a peace officer to do something that is in direct violation of federal law,” said Martin Mayer, a lawyer for the three associations. “That puts officers between the proverbial rock and a hard place and undermines the role that they perform. “We’re hoping,” he added, “that the City of Garden Grove will petition the California Supreme Court for a review.” Garden Grove has not said whether it will take the case further, Mr. Mayer said. Medical marijuana “remains illegal contraband under federal law,” according to the 2006 brief, “and, by virtue of that characterization, is not subject to return under state law.” Until 2005, the California Highway Patrol had a policy of seizing marijuana despite the display of a doctor’s recommendation. After a lawsuit filed by Americans for Safe Access, the patrol revised its seizure policy. Source: New York Times (NY)Author:  Rebecca CathcartPublished: November 30, 2007Copyright: 2007 The New York Times CompanyContact: letters nytimes.comWebsite: http://www.nytimes.com/Related Article & Web Site:Americans For Safe Accesshttp://www.safeaccessnow.org/Court To City: Return Pot User's Stashhttp://cannabisnews.com/news/thread23516.shtmlCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml 
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Comment #10 posted by afterburner on December 04, 2007 at 23:26:34 PT
California Appeals Court ruled that 
"it is not the job of the local police to enforce the federal drug laws."ASA Victory: The End of Medical Cannabis Seizures in California http://stopthedrugwar.org/in_the_trenches/2007/nov/30/asa_victory_the_end_of_medical_c 
 
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Comment #9 posted by user123 on December 01, 2007 at 10:20:54 PT:
Standby for Profound Impact
One brief, filed in 2006, stated that the court’s decision would have “a profound impact” on law enforcement officers in California. 
"Like, how are we suppose to get our kicks out of arresting people who aren't bothering anybody? Does this effect my paycheck?"
The only impact this will have - cops won't have to fill out paperwork for arrest they won't be able to make. Sounds like less work for the same pay to me!
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Comment #8 posted by Hope on November 30, 2007 at 08:55:31 PT
Hospital
I hope we're talking a scheduled check up here and not some sort of emergency or problem. 
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Comment #7 posted by FoM on November 30, 2007 at 08:36:13 PT
Hope and fight_4_freedom 
Thank you!
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Comment #6 posted by Hope on November 30, 2007 at 08:02:58 PT
V A Hospital
Godspeed.
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Comment #5 posted by Hope on November 30, 2007 at 08:00:45 PT
Check out these Comments at the Tennessean....
http://forums.tennessean.com/viewtopic.php?t=121491The Opinion being discussed is "Allow marijuana to serve a purpose and ease suffering"
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Comment #4 posted by fight_4_freedom on November 30, 2007 at 07:41:32 PT:
FoM
You're very welcome. And drive safe on your trip to the VA.
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Comment #3 posted by FoM on November 30, 2007 at 07:19:32 PT
fight_4_freedom 
Thank you. I have it posted now. It's cold down here but no snow. I'll be leaving soon to go with my husband to the VA Hospital which is far from here so have a great day and we'll be back later on!http://cannabisnews.com/news/thread23518.shtml
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Comment #2 posted by fight_4_freedom on November 30, 2007 at 06:59:06 PT:
Good Morning Everyone!
The snow is stuck to everything and it's just simply beautiful this morning here in Michigan. This is only the 2nd time the snow actually stuck to the ground other than when it happened on Thanksgiving Day. And we are supposed to get another big storm rollin' through tomorrow night!Here's something I just found FOMFriday, 11/30/07
Allow marijuana to serve a purpose and ease suffering
Today's Topic: Medical marijuana gets a second lookOur ViewTennessee lawmakers should not only consider legislation allowing the medicinal use of marijuana, they should pass it into law.A study committee of the General Assembly recently heard testimony on the issue, where various voices from interest groups and the medical profession expressed their opinions. Rep. Sherry Jones, D-Nashville, has a draft version of a bill for consideration. Efforts to legalize the use of the drug for medical reasons should move straight ahead, and caring citizens should urge legislators to approve the legislation.
full page
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Comment #1 posted by FoM on November 30, 2007 at 06:13:01 PT
Related Article from The San Francisco Chronicle
Court Tells Cops: Return Medical Marijuana If Drug Charges DroppedFriday, November 30, 2007URL: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/11/30/BAIFTLCNQ.DTL
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