cannabisnews.com: Judge Orders Return of Marijuana Judge Orders Return of Marijuana Posted by FoM on December 16, 2000 at 13:18:44 PT By Rhonda Parker, The Times-Standard Source: Times-Standard For the first time in Humboldt County history and possibly in California history, a judge has ordered that medical marijuana seized by law enforcement be returned to the owner.Judge Bruce Watson ordered the Humboldt County Sheriff's Department to return less than an ounce of marijuana to Chris Robert Giaque, a medical marijuana patient arrested during a traffic stop in Garberville in April 1999. Giaque's marijuana, in a Tupperware container, was seized although he was carrying a card identifying him as a medical marijuana patient under state Proposition 215. When he put up a fuss he was booked for disturbing the peace and resisting arrest, along with transportation of marijuana.Giaque eventually pleaded guilty to disturbing the peace, although the plea will not enter unless he fails to complete probation. Defense attorney Russ Clanton then filed a motion for return of property.Watson granted the motion earlier this week, ruling on the two central issues disputed in the case: Federal law does not pre-empt California voters from approving medical use of marijuana, and under Proposition 215 "some level of transportation must be contemplated.""The unobtrusive, de minimis (very small) transportation in this matter would come within that permitted," the judge wrote.Clanton said he argued that Giaque's marijuana was medicine, not contraband."A diabetic can transport their needles," Clanton said Friday. "Why can't medical marijuana patients take their marijuana with them?"He said the other important issue is whether federal law pre-empts state law."The judge found that not to be true," he said. ... "This is a chance to clarify the issue. Law enforcement is still being told it is contraband and not to be transported."Clanton said Giaque, who is about 35, suffers from "physical disabilities." He said he could not elaborate.The Sheriff's Department was represented by private attorney William Mitchell, who was hired by the county. Mitchell said Friday he disagrees with the judge's opinion, but it will be honored.He said it's important to note that Watson made the ruling specific to the facts in Giaque's case, and it should not be considered a precedent for future litigation."It's our position that this ruling applies specifically to these facts," Mitchell said.He said a U.S. Supreme Court case is pending on whether California's Proposition 215 violates federal law."There is no real clear guidance," Mitchell said.Mitchell said he had argued that under federal law marijuana is not legal property and therefore should not be returned. And he contended that Proposition 215 applies only to possession of marijuana and not transportation. Source: Times-Standard (CA)Author: Rhonda Parker, The Times-StandardPublished: December 16, 2000Copyright: 2000 The Times-StandardAddress: 930 Sixth St. Eureka, CA 95501Fax: 707-441-0501Contact: letters times-standard.comWebsite: http://www.times-standard.com/Feedback: http://www.times-standard.com/AngEuk_feedback.asp?CannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml END SNIP --> Snipped Home Comment Email Register Recent Comments Help Comment #3 posted by Steve Tuck on December 19, 2000 at 00:37:16 PT: BS about returned marijuana and the movement Charles Mcdowell had almost 2lb.s of marijuana buds returned to him by the same judge almost 1 and a half years ago. Get your facts straight or we are just like them. We have been fighting behind the redwood curtain harder this year than ever to supply the rest of you real bud, They have stole(and I admitted to over 1200 full grown plants this year) all my plants at gunpoint with no warrent. Now I have a letter from the DA saying I will not be charged(nor was I ever arrested contrary to High Times) but me and my patients are screwed for medicine. We now have almost 14 lawyers and are minus over 20,000 in legal fees and the bullshit goes on and the truly sick keep suffering while the rich black market growers laugh their asses off at patients expense and quid pro quo doctors get rich. IS THIS 215 IS ALL ABOUT? steve tuck Humboldt Research Institute [ Post Comment ] Comment #2 posted by kaptinemo on December 16, 2000 at 14:10:59 PT: An "OOPS-upside-the-head" for the Feds! 'Watson granted the motion earlier this week, ruling on the two central issues disputed in the case: Federal law does not pre-empt California voters from approving medical use of marijuana, and under Proposition 215 "some level of transportation must be contemplated."'Friends, a major, major victory has ever-so-nonchalantly been announced. With a simple sentence, the entire Fed claim of supremecy, that Federal law trumps State law every time, has been shot down in flames by a sitting judge. The ramifications for the Kubbys and all other MMJ users dwelling in California are obvious.Despite the statement that: 'He said it's important to note that Watson made the ruling specific to the facts in Giaque's case, and it should not be considered a precedent for future litigation."It's our position that this ruling applies specifically to these facts," Mitchell said. The reality is that it is pertains to ALL MMJ users, not just Giaque. Because what is law for one must be law for all.Indeed, the shockwaves from this are going to be felt throughout the entire US; the Feds have until now relied on the judges to accept a priori and without question Federal claims of suzerainity in this matter; that has now gone by the boards. Through the good ol' boys network between LEOs, prosecutors and Fed-friendly judges, the Feds could do their dirty work largely out of the public eye, in relative safety and security. Local LEOs, aided and abetted by their Fed allies, can and have run roughshod over MMJ user's rights with impunity, silently attempting to negate the will of the electorate by strangling Prop215 through their harrassment. They've even been so bold as to say that they will not pay any attention to court rulings stating that they must cease and desist their drug-search check-points, thinking that Washington will protect them. But now, a direct challenge, in no uncertain terms, has been made to the Feds: put up or shut up. For the first time in memory, a sitting judge has acceded to the idea that MJ *is* medicine: in accepting Clanton's argument, the agreement is implicit. To overturn Watson's ruling, the Feds now have to PROVE that it isn't. And they know that they can't, not credibly. They've been seriously blindsided and rocked back on their heels, yet again.This is getting to be a habit, narks. Why don't you quit while you're ahead?Before it gets really expensive for you? [ Post Comment ] Comment #1 posted by JR Bob Dobbs on December 16, 2000 at 13:30:53 PT April of 1999? And I'm sure those buds lost none of their healing powers while locked away in the belly of the beast for a year and a half. I'm sure the police stored them properly and with great care. [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: