Pubdate: Thu, 21 May 2009
Source: Port Orchard Independent (WA)
Copyright: 2009 Port Orchard Independent
Contact:  http://www.portorchardindependent.com/
Details: http://www.mapinc.org/media/2607
Author: Charlie Bermant
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

MEDICAL POT PATIENT WANTS HIS STUFF BACK

A medical marijuana patient who was recently found not guilty of
criminal charges returned the Kitsap County Courthouse on Tuesday to
reclaim confiscated property, but several large greenhouse items were
not returned.

Bruce Olson, of Olalla, received his verdict in March at which time
all charges were dismissed.

He pegged the value of the equipment at around $3,000 and said he
planned to seek reimbursement for the lost equipment.

The equipment includes four ballast machines, which are used for
indoor plant cultivation, along with two machines that remove mold and
odors from the air.

The equipment is often used in marijuana grow operations but is not
exclusive to them, according to Cannabis Defense Coalition
spokesperson Pam Haney.

Olson was told the equipment had been destroyed and he did not expect
it to be returned.

Haney said police departments routinely destroy such confiscated
equipment in these cases.

Olson visited the courthouse accompanied by his wife, Pamela, who
faced similar charges last year, Haney, and paralegal Kayleen Bystrom.

Olson had an appointment with property clerk Brian Bocherding, who had
testified at Olson's trial.

Bocherding returned the items that were on a predetermined list, which
included paperwork and photographs.

The equipment was not on the list.

"These are documents that he can legally return to you," Bystrom said
to Olson. "We will need to talk to (attorney) Tom (Balerud) about
getting the rest. Brian doesn't have control over what you are getting
here."

Also not returned was 19 pounds of medicinal marijuana, which was
presented in the courtroom as evidence.

Olson found it necessary at this point to argue this point with
Bocherding.

"I don't get my 19 pounds back?" Olson said.

"No sir," Bocherding said.

"Why not?" Olson said. "It's mine."

"Sir, if you remember, it was really moldy," Bocherding responded. "It
would be dangerous for you to have that."

"It's mine." Olson said again.

"Like I said, we are going by this," Bocherding said, pointing to the
property list. "I am only supposed to give you back legally returnable
items."

"I don't understand that part of the law," Olson said to Bystrom, and
the camera. "I can understand not getting the moldy marijuana, but not
the equipment, which is legal and can be purchased at stores."

After the meeting Bocherding escorted Olson to the County Clerks'
office to retrieve other defense exhibits, including a 3-foot square
picture of one of Olson's plants.

Sheriff's Deputy Lt. Earl Smith said he was not sure which items had
been destroyed or kept in storage. He plans to meet with the
prosecuting attorney to determine what Olson is entitled to have
returned to him.

"We will review the items with the prosecutor to see what it is legal
for him to possess," Smith said. "If it is legal, we will return the
items if they have not been destroyed."

Smith said there were other possible options, and that Olson can
obtain a court order for return of the property.

Olson said he and his wife plan to leave the state when the matter is
resolved.

Pam Olson, who is also a medical marijuana patient, is no longer able
to withstand the cold winters. 
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MAP posted-by: Jo-D