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View Full Version : california state court says gives medical pot back


metronycguy
12-02-2007, 10:54 AM
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/11/30/BAIFTLCNQ.DTL

Police who confiscate medical marijuana must give it back when drug charges against the user are dismissed, a state appeals court has ruled in a case that could settle a hotly disputed issue of conflicting state and federal drug laws.
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The Fourth District Court of Appeal in Santa Ana said Wednesday that those arguments were unfounded because California, in a 1996 voter initiative and a 2003 legislative measure, has determined that medical marijuana is legal under state law.
"It is not the job of the local police to enforce the federal drug laws," said Justice William Bedsworth in the 3-0 ruling.
more at link

Foolish Old
12-02-2007, 11:17 AM
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/11/30/BAIFTLCNQ.DTL

Police who confiscate medical marijuana must give it back when drug charges against the user are dismissed, a state appeals court has ruled in a case that could settle a hotly disputed issue of conflicting state and federal drug laws.
//////////////////////////////

The Fourth District Court of Appeal in Santa Ana said Wednesday that those arguments were unfounded because California, in a 1996 voter initiative and a 2003 legislative measure, has determined that medical marijuana is legal under state law.
"It is not the job of the local police to enforce the federal drug laws," said Justice William Bedsworth in the 3-0 ruling.
more at link

Why in the world would a police officer confiscate small amounts of marijuana if they can't keep it? Next thing you know, these liberal courts are going to rule that cops can't drink booze they take from underage kids.:nono:

darrel
12-02-2007, 11:30 AM
I protested for years growing up to get this legal out in Oregon and when California finally passed it as a law, I thought it was the start of a great thing. I did not know that they were still doing crap like this..isn't this some type of entrapment to give you something illegal then bust you for it? and if it is legal for medicinal use what are their grounds for taking it away?...what is next? ...take the heart patients Nitro away? better call ATF the man has Nitroquick!

curemeplease
12-03-2007, 10:14 AM
The people of Maine approved the use of pot for medicinal use in a referendum about 3 years ago. The State is still trying to figure out how they are going to do it (or get rid of it altogether in my opinion!)