Appellate Court Orders Man's Pot Stash Returned
In a major victory for medical-marijuana patients, a state appellate court has ruled that Garden Grove, Calif., police must return a stash of drugs confiscated during a traffic stop.
“This is a huge case for us,” the man’s attorney, Joseph Elford, is quoted by the Recorder (sub. req.) as saying. “It’s probably the greatest legal victory for medical-marijuana patients in California to date.”
Elford, who is chief counsel for the Oakland-based Americans for Safe Access, told the Recorder that he is especially happy that the appellate panel also noted that medical-marijuana patients are not criminals under state law.
The case involved Felix Kha, who was stopped in 2005 for running a red light. Officers discovered 8.1 grams of marijuana in a “medical cannabis” container and charged Kha with possession. Prosecutors dropped the charges, but wouldn’t return the pot, even after a lower court ruling ordering the return.
The article notes that the justices hearing the case took exception to amici’s characterization of Kha as a criminal defendant.
“Kha is clearly not a criminal defendant with respect to the subject marijuana,” one judge wrote. “Since the prosecution dismissed the drug charge, he was facing, he is nothing more than an aggrieved citizen who is seeking the return of his property. The terms ‘criminal’ and ‘defendant’ do not aptly apply to him.”
