Pubdate: Tue, 8 Apr 2008
Source: Orange County Register, The (CA)
Copyright: 2008 The Orange County Register
Contact:  http://www.ocregister.com/
Details: http://www.mapinc.org/media/321
Author: Cindy Carcamo, The Orange County Register
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)

HB POLICE RETURN MEDICAL MARIJUANA TO PATIENT

Orange County Superior Court Forced HB Police to Return More Than 30 
Grams of Pot.

HUNTINGTON BEACH -- Police handed over about 30 grams of seized 
medical marijuana and a pipe to a patient Tuesday, marking the first 
time Huntington Beach Police have taken such an action.

This came nearly three weeks after the California Supreme Court 
declined to review an appellate court ruling, which ordered Garden 
Grove police to return seized medical marijuana to a patient.

This means the lower court ruling stands, setting a precedent.

It also meant that Huntington Beach resident David Alan Lucas, 43, 
could retrieve the purple urkel -- a higher end marijuana -- and a 
couple of smoking pipes officers confiscated from him more than a year ago.

"I'm surprised actually," Lucas said. "I was expecting to get the run-around."

Huntington Beach Police Capt. Chuck Thomas said they are complying 
with the court order.

"We want to stress that this is not a personal issue, this is a 
matter of doing what the law requests we do," Thomas said. He added 
that the department doesn't have a policy regarding medical 
marijuana, adding that it interprets the Compassionate Use Act as 
protecting medical marijuana recipients from prosecution, not arrest.

The 1996 law allows people to use medical marijuana in California. 
Federal law, however, clashes with the law.

Lucas said he'd bought the pot from a medical marijuana dispensary in 
West Hollywood so he could treat post traumatic stress disorder 
sparked by long-ago "family problems."

Lucas said his marijuana was first seized by a Huntington Beach 
police officer who pulled him over and arrested him on suspicion of 
possession of marijuana.

Lucas said the judge eventually dropped the charges and allowed him 
to recoup his seized property. After several months of what Lucas 
called "getting the run around" from officers he waited for the 
Garden Grove case to make its way to the Supreme Court.

In November, Felix Kha won the right to get his medical marijuana 
back from police when the state's 4th District Court of Appeal ruled 
a Garden Grove police officer illegally took it away from him.

On Tuesday, Lucas unzipped the plastic bags holding the pot and took 
a long sniff.

"I just hope they don't harass me anymore," he said. 
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MAP posted-by: Richard Lake