T
The420Guy
Guest
EUREKA -- 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.
_____________________________________________
Distributed without profit to those who have expressed a prior interest in
receiving the included information for research and educational purposes.
---
MAP posted-by: Richard Lake
Newshawk: Drug Policy Forum of California DrugSense
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.
_____________________________________________
Distributed without profit to those who have expressed a prior interest in
receiving the included information for research and educational purposes.
---
MAP posted-by: Richard Lake
Newshawk: Drug Policy Forum of California DrugSense
