Pubdate: Wed, 18 Aug 2004
Source: Tri-Valley Herald  (Pleasanton, CA)
Copyright: 2004 MediaNews Group, Inc. and ANG Newspapers
Contact:  http://www.mapinc.org/media/742
Website: http://www.trivalleyherald.com/
Author: Laura Counts, Staff Writer
Cited: Americans for Safe Access http://www.safeaccessnow.org/
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

PATIENT SUES FOR CONFISCATED MARIJUANA

Group Seeks Around $1 Million Worth of the Drug That Police Have Taken Over 
Past Few Years

OAKLAND -- More than three dozen medical cannabis patients from 36 
California counties filed simultaneous lawsuits Tuesday demanding the 
return of about $1 million worth of marijuana seized by law enforcement 
officers the past few years.

In all those cases, the plaintiffs proved they were medical marijuana 
patients and were never charged with possessing the drug, or had charges 
against them dropped, according to the Berkeley nonprofit that organized 
the lawsuits. But they never got their pot back, and they want it now, or 
at least its cash value.

"There are 36 filing today, but this is just the beginning," said Steph 
Sherer, executive director of Americans for Safe Access, which coordinated 
the cases. "When we look at implementation of Proposition 215, it's 
surprising to see such a culture of resistance among law enforcement."

Just three of the 38 plaintiffs filed their cases in Alameda County. 
Another lives in San Leandro, but filed in Contra Costa County, where he 
was arrested. Two of the cases involve the Oakland Police Department and 
the third involves San Leandro police.

The Alameda County plaintiffs are seeking relatively tiny amounts of the 
drug. One Oakland man is seeking the return of 2 grams -- enough for a few 
joints -- and a Berkeley man is seeking 5 grams seized by Oakland police.

The San Leandro plaintiff claims police took 2 1/2 pounds of his medicine 
in October 2002.

Alameda County District Attorney's Office representatives said they had not 
received the cases yet and could not comment.

Chris Hermes, legal coordinator for Americans for Safe Access, said the 
group had received so many complaints from patients who lost their 
marijuana in busts that it decided to do a study. It logged calls for three 
months and received more than 100 complaints. It culled those down to the 
38 who met the criteria to sue.

The group argued such cases are an unnecessary expense for a state in which 
voters approved the Proposition 215 "compassionate access law" in 1996.

"We used estimates to determine what it costs to arrest someone and 
prosecute them, and determined that law enforcement is spending $4 million 
a year," Hermes said in a conference call. "The return of the property in 
these cases has accumulated to almost $1 million."

The lawsuits were filed as criminal rather than civil cases because they 
involve an encounter with law enforcement, said William Dolphin of Safe 
Access. The penal code allows those whose property was seized unlawfully to 
retrieve it through a judge's order, or to receive compensation if it has 
been lost or destroyed.

The cases must be filed individually in the counties where the seizures 
occurred and cannot be bundled together. Patients have filed such lawsuits 
individually in the past, Dolphin said.

Hermes said seizure of cannabis from patients is not "an isolated thing," 
but happens in "almost every law enforcement encounter." Safe Access has 
put together a model policy for law enforcement to follow in medical 
marijuana cases. Some already have such policies.

Lt. Rick Hart of the Oakland Police Department said he is crafting a 
written policy for the return of medical cannabis, but the department 
already allows it.

"If the case is dropped, they can come down and talk to the vice officer 
who handled it," he said. "If they are entitled to it, they can get it 
back. If it's a large amount, the crime lab has taken a sample and 
destroyed the rest, so we are working on a policy for them. But small 
amounts shouldn't be a problem."

Even medical marijuana activists praised the Oakland Police Department for 
its policies. Angel McClary Raich, who won a federal court victory allowing 
her to possess and use marijuana as her medicine, said she recently helped 
a patient get a quarter-pound of pot back.

"I've worked with them very closely," she said. "The moment they find out 
it's medical, they'll take photos or videos or clippings from the plants. 
If a patient has a card they'll call to verify it or call the doctor. It's 
not perfect, but overall they've attempted to do a really good job." 
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MAP posted-by: Richard Lake