Newsletter
Drug Truth Network Update 1/3/08: Cultural Baggage + Century of Lies
December Cannabinoid Chronicles Newsletter Available Online
4:20 Drug War NEWS Update 12/10/07
The Sentencing Project: Disenfranchisement News & Updates - 12/7/07
Americans for Safe Access: December 2007 Activist Newsletter
Victory for Patients' Right to Return of Marijuana
Appeals Court Says Police Must Give Back Property Despite Federal Law
ASA's legal team won another huge victory when a California appeals court said police must return marijuana seized from qualified patients. The November 28th ruling in favor of Felix Kha, a medical marijuana patient from Garden Grove, means police must return the eight grams of medical marijuana they took from him in a June 2005 traffic stop.
ASA Chief Counsel Joe Elford
Attorneys for the police claimed that they should not have to since federal law prohibits possession of marijuana, even for medical use. But a three-justice panel from the state's Fourth Appellate District unanimously rejected that claim, saying "it is not the job of the local police to enforce the federal drug laws."
"California law enforcement is now on notice that they cannot seize and keep the medicine of seriously ill patients," said ASA Chief Counsel Joe Elford, who represented Kha. "The court has ensured that patients have a way to get their cannabis back."
The ruling was more than two years in the making. After a marijuana possession charge against Kha was dismissed in August 2005 because he had a valid doctor's recommendation, an Orange County Superior Court judge ordered the return of his medicine. But the City of Garden Grove refused and appealed the order.
The issue was ripe for review, as state courts have split on the issue previously. The question found the California Attorney General and the California Police Chiefs Association on opposite sides. Both filed "friend of the court" briefs in the case on opposite sides of the issue, with the state Attorney General in support of Kha.
In analyzing reports from nearly 800 patient encounters with local or state police in 53 of California's 58 counties, ASA found that more than 90% resulted in medicine seizure by police, regardless of probable cause.
The court's ruling also affirms a 2005 policy change by the California Highway Patrol (CHP). CHP abandoned its policy of mandatory seizure of medical marijuana after a court challenge from ASA.
"Both today's court ruling and the new CHP policy go a long way toward restoring patients' rights in California," said Elford.
For further information, refer to:
Decision by the California Fourth Appellate District Court
Background on Felix Kha's return of property case
Drug Truth Update 12/05/07
The LEAP Report -- Issue 10
420 Drug War NEWS Update 12/03/07
The Sentencing Project: Disenfranchisement News & Updates - 11/29/07
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