cannabisnews.com: Court Gives Marijuana Back Court Gives Marijuana Back Posted by FoM on February 01, 2001 at 16:23:08 PT By Clark Mason, The Press Democrat Source: Press Democrat In a rare turn of events, a medical marijuana patient got his pot back Wednesday after a Sonoma County judge ordered authorities to return it.Earlier in the week, prosecutors dropped a marijuana possession charge against Ross Benbrook, a Sonoma State University student, who was arrested in October by Rohnert Park police for having just under an ounce of marijuana. Superior Court Judge Elliot Lee Daum said the marijuana should be returned, and on Wednesday it was handed to Benbrook in court."It's nice to get my medicine back. I feel this should never have happened in the first place," Benbrook said afterward.Medical marijuana advocates said Benbrook is one of a handful of people in the state to have a judge order that their confiscated marijuana be returned.It happened once before in Sonoma County -- a year ago when Scott Teeter, an Agua Caliente man with approval from his doctor, had more than a pound returned to him by order of Judge Gayle Guynup.Prosecutors objected to the return of Teeter's marijuana. But on Wednesday, District Attorney Mike Mullins noted that his office did not oppose the motion by Benbrook's defense attorney to return his.Mullins said the Benbrook case is an example of the need for some sort of statewide, standardized identification cards for medical marijuana patients."This is another example of the message I'm attempting to get across. This statute cries out for clarity," Mullins said of the 1996 ballot initiative that approved the use of marijuana for medicinal purposes.Mullins said Benbrook's signature on his driver's license didn't seem to match the one on his doctor's recommendation. He said police had no immediate way to verify the approval from his Berkeley doctor.Benbrook, a 23-year-old psychology major, said he was stopped for allegedly making an illegal left turn to avoid a sobriety checkpoint.During the traffic stop, officers detected the potent scent of fresh marijuana buds.Benbrook said he showed police the doctor's written recommendation that he has to use marijuana to alleviate pain for his "traumatic arthritis and scoliosis.""In the police report, they said the document appeared to be false," Benbrook said.Benbrook's stash was confiscated and he was released after promising to appear in court.Earlier this week, after a jury acquitted Alan MacFarlane on charges of marijuana cultivation, he vowed to seek the return of his plants, although most were destroyed by authorities.Note: SSU student's pot was confiscated despite doctor's written recommendation. You can reach Staff Writer Clark Mason at 568-5312 or e-mail: cmason pressdemocrat.comSource: Press Democrat, The (CA) Author: Clark Mason, The Press DemocratPublished: February 1, 2001Copyright: 2001 The Press Democrat Address: P. O. Box 569, Santa Rosa CA 95402 Fax: (707) 521-5305 Contact: letters pressdemo.com Website: http://www.pressdemo.com/ Forum: http://www.pressdemo.com/opinion/talk/ Feedback: http://www.pressdemocrat.com/opinion/letform.htmlRelated Articles:Medical Marijuana Returned To Sonoma State Student http://cannabisnews.com/news/thread8528.shtmlSR Patient Aquitted in Pot Case http://cannabisnews.com/news/thread8504.shtml Home Comment Email Register Recent Comments Help Comment #9 posted by Melbee on February 05, 2001 at 04:51:41 PT: medical uses I think people, like animals, when they are ill try tofind a cure. I think marijuana has probably stopped manyyouth suicides as it is an antidepressant. Lots of people with emotional problems, especially youth, don't talk toothers or adults about it. Even if peole don't have a medical card, that doesn't mean they aren't using it in amedicinal way. Getting high may stop a serious sprial into severe depression. [ Post Comment ] Comment #8 posted by freedom fighter on February 02, 2001 at 13:50:15 PT Rest in peace Mota20 Mota20 taught me how to grow. I admire him and his work.He helped me even with the fact he does not know who I am. Peace be with you Mota20! [ Post Comment ] Comment #7 posted by FoM on February 02, 2001 at 10:33:03 PT Mota20 Hi Everyone, Here is a long thread about mota20. I haven't read them all but I will now. I wanted to pass it on.http://www.cannabisworld.com/ubb/Forum6/HTML/001215.html [ Post Comment ] Comment #6 posted by Dan B on February 02, 2001 at 09:06:58 PT: I'm really sorry to hear about mota20 I knew him only from his posts, but I respected his words and admired his willingness to share his opinions here.You've done good work, mota20. Rest in peace. [ Post Comment ] Comment #5 posted by kaptinemo on February 02, 2001 at 08:01:11 PT: Another good one gone. I am very saddened to hear of Mota's passing. Every voice for truth silenced diminshes us. Resquiescat in pace, amicus Mota. [ Post Comment ] Comment #4 posted by greenfox on February 02, 2001 at 07:07:45 PT Good judges we need more [ Post Comment ] Comment #3 posted by FoM on February 01, 2001 at 22:26:59 PT Some Sad News I'm not sure how many of you knew mota20 but he posted here from time to time. He was very kind. It appears that mota20 has passed away and I wanted to mentioned it here for those of you who might remember him.Rest in Peace, Mota20 [ Post Comment ] Comment #2 posted by Dan B on February 01, 2001 at 22:21:04 PT: KiDo, For the Sick It Isn't About Partying We need to be careful about making such statements, for the sake of the medical marijuana movement. Chemotherapy is no party, nor is AIDS wasting syndrome, nor MS, nor glaucoma, nor Chrone's disease, etc. All of these are seriously debilitating, often life-threatening illnesses for which marijuana has a legitimate medical purpose, and we would do well to keep this fact in mind when discussing the issues, particularly in public forums such as this. I don't mean to diminish what you have to say, only to suggest that there might be a better way to say it. I agree that it is wrong to imprison people simply for using a substance not sanctioned by the U. S. government, and I respect your assertion that people should have the right to party as they see fit, so long as they don't cause harm to others or the property of others in the process. But medical patients' needs far exceed the needs of recreational users (like it or not), and we should respect medical users by not equating one's right to party with their right to manage their illnesses as they and their doctors see fit.Dan B [ Post Comment ] Comment #1 posted by KiDo on February 01, 2001 at 20:38:34 PT weed Instead of just lettin the sick party they should let the rest of us party too.. the more weed the better KiDo [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: