cannabisnews.com: Judge Orders Police To Give Back Medical Marijuana Judge Orders Police To Give Back Medical Marijuana Posted by CN Staff on December 03, 2002 at 19:28:03 PT By Patrick S. Pemberton, The Tribune Source: SanLuisObispo.com San Luis Obispo - Hoping to set a precedent for future cases, a judge ruled Tuesday that the San Luis Obispo Police Department must return 8.2 grams of pot it confiscated from a medical marijuana patient.Donovan No Runner, 23, of Grover Beach, was stopped by police Aug. 8 while smoking pot in public. After he was searched, police found marijuana and arrested him for misdemeanor possession. No Runner has a prescription for the marijuana, which he takes to alleviate the symptoms of his bipolar disorder.He had his prescription at the time he was arrested, but he was forced to prove that the prescription was legitimate.Seeing that No Runner had a valid prescription, on October 1, the District Attorney's Office dismissed the charges.But the San Luis Obispo Police Department would not return the marijuana, worth a little over $100.Gilbert Trujillo, with the city attorney's office, argued that Police Chief Jim Gardiner could be subject to prosecution under federal law if his department gave No Runner his marijuana.A 1970 federal statute, he argued, holds that distribution of controlled substances is illegal.Lou Koory, an attorney representing No Runner, argued that a similar case from Oregon proves the police can return marijuana to defendants with prescriptions.In that case, an appellate court ruled that law enforcement was immune from prosecution when ordered by a judge to return medical marijuana.No Runner could not be reached for comment.After the hearing, Koory said the police had a right to confiscate the marijuana until the prescription was validated, but they should have returned it."You can't just hold on to it or destroy it," he said.Keeping the substance, he said, would nullify Proposition 215, the voter-approved initiative legalizing medical marijuana.During the hearing Trujillo asked if the police could turn the marijuana over to the court, which could then return it to No Runner. But Superior Court Judge Barry LaBarbera turned down that request, saying he wanted to set a precedent for future cases.Police will now have 30 days to return the marijuana. In the meantime, the District Attorney's Office can request that an appellate court review the decision.Even if No Runner gets his marijuana back, he may not be able to use it. Trujillo said the marijuana may have suffered water damage while stored in an evidence locker.Complete Title: Judge Orders Police To Give Back Medicinal MarijuanaSource: SanLuisObispo.com (CA)Author: Patrick S. Pemberton, The TribunePublished: December 03, 2002Copyright: 2002 The TribuneContact: letters thetribunenews.comWebsite: http://www.sanluisobispo.com/Related Article & Web Site:Medicinal Cannabis Research Linkshttp://freedomtoexhale.com/research.htmMarijuana Mayhem - New Timeshttp://cannabisnews.com/news/thread14811.shtmlCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml Home Comment Email Register Recent Comments Help Comment #1 posted by knox42897 on December 04, 2002 at 00:12:54 PT: Thanks FOM I print out these articles all the time and add them to my medical file. Hopefully I won't be harassed. All these articles help I don't leave home with out them. [ Post Comment ] Post Comment