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November 29, 2007
Feds Order Cops to Return Pot to Owner, 2 1/2 Years Later
While you were sleeping:
- There's nothing wrong with the ganj in California, as long as you've got a scrip to use. So decided the 4th District Court of Appeals in the case of a 22-year-old who had a quarter of weed confiscated in a traffic stop by LAPD, despite having a prescription for marijuana as treatment for severe back pain. Now, how exactly will LAPD go about "returning" weed to rightful owner 2.5 years after the fact?
- A Santa Ana man was shot in the head in his bedroom and lived to tell about it. According to police responding to the incident, the man *was* shot in the head and never lost consciousness, but refuses to divulge any potential motive for why he would get shot in the head and survive.
- USC is being fucked over by the Coliseum. Trojan Athletic Director Mike Garrett is spreading the word via multiple mass e-mails indicating a dire situation. The Trojans might end up playing at the Rose Bowl next season?!? That would make the Red Sox/Dodgers exhibition the only confirmed Coliseum event for 2008.
photo by themadpothead via flickr.
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Now, how exactly will LAPD go about "returning" weed to rightful owner 2.5 years after the fact?
Don't they always say that the cops have the best shit?
Something tells me that there's at least a quarter ounce of weed somewhere in their evidence room. Or since that medicine is readily available at over 100 locations in LA, the LAPD will just be forced to pay for the lucky fella's next trip to the dispensary.
[ report this ]
The article you linked to is very wrong. The CALIFORNIA Court of Appeals IS NOT a FEDERAL court, so it's logical that a California state court would not side with the need to comply with federal regulations. However, it has been consistently decided that in the case of Schedule I drugs, the feds have power to regulate under the Commerce Clause... So really this decision isn't a huge deal and may be litigated further.
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the article is not wrong, nor is the decision.
the court is saying that local cops and the CHP have no right to confiscate medical marijuana since under Prop 215 we in California may use weed when prescribed by a doctor.
the court is saying that the only people who can take weed away from someone with a prescription are the Feds. so until you see the DEA beefing up their staff, this is indeed a big deal.
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I don't think it was LAPD that took his pot, it was like Garden Grove PD (it was all handled in OC). So don't blame the LAPD on this one.