Posted On: December 7, 2007 by Mary Frances Prevost

SOUTHERN CALIFORNIA COURT ORDERS COPS TO RETURN MARIJUANA

Southern California Courts Orders Pot Returned to Medical Marijuana User

The police seized marijuana from the defendant. The defendant had doctor's approval to use the marijuana, so charges were dismissed under the California medical marijuana law. The defendant moved for return of his marijuana from the police. The California Court of Appeals, Fourth District, says he's entitled to get the stuff back.

The argument rejected by the Court of Appeal is that this violates federal law. The Court of Appeal says that federal law doesn't bar return of the marijuana to a qualified user permitted to have it under state law.

City of Garden Grove v. Superior Court; 2007 DJ DAR 17553; DJ, 11/30/07; C/A 4th

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