Pubdate: Thu, 02 Jan 2003
Source: New Times (CA)
Copyright: 2003 New Times
Contact:  http://www.newtimesslo.com/
Details: http://www.mapinc.org/media/1277
Related: http://www.mapinc.org/drugnews/v02/n2199/a03.html

COPS (STILL) WON'T RELINQUISH NO RUNNER'S WEED

Attorney Lou Koory said he wasn't surprised when San Luis Obispo police 
refused to honor a court order to return 8.2 grams of medical marijuana to 
a Grover Beach man.

But Koory said he remains baffled by the action.

San Luis Obispo County Superior court Judge Barry LaBarbera has twice 
ordered the department to return the marijuana to Donovan No Runner, 23, 
who has a physician's prescription to possess and use the substance.

Police confiscated the pot in October and charged No Runner with possession 
of less than an ounce of marijuana, an infraction, and took his small stash.

In dismissing the charges, LaBarbera told Police Chief Jim Gardiner to 
return the pot. Gardiner balked, and now he has retired. The city's acting 
chief, Bart Topham, said he was simply following the orders of City Atty. 
Jeff Jorgensen in declining to turn over the marijuana when No Runner asked 
for it Tuesday.

Both city and county prosecutors have filed requests for 30-day extensions 
of LaBarbera's order in order to allow incoming police chief Deborah Linden 
time to study the issue.

"I don't know what they have in mind," said San Luis Obispo attorney Koory 
about police and prosecutors. "They seem to think they need more time to 
think about this. But the judge has issued an order. I'm not sure what to 
think."
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