Medical Marijuana User Wants Police To Return Pot, Seeds

March 07, 2006

Associated Press, KNBC -TV Los Angeles

A medical marijuana user whose cultivation charge was dropped said he is having trouble getting the confiscated pot from police.


The cultivation case against Antonio Perry, 33, was thrown out by a Superior Court judge in Pomona after he produced a doctor's note stating his marijuana was for medical use. Perry, who now lives in La Verne, said Glendora police have no right to keep his pot and seeds.


"I spent years trying to cultivate those breeds. The seeds are irreplaceable," Perry said.


The marijuana, growing equipment and rifles were seized by police during a March 2005 raid on his Glendora mobile home.


Lt. Joe Ward said Monday that the Police Department agreed to return growing equipment and rifles, but the marijuana and seeds won't be returned until Perry produces a judge's order to release them.


"We had a search warrant when we made the seizure," Ward said. "Whenever we seize something with a court order, we need a court order to return it."


Perry and Ward said a judge normally makes a note in the trial minutes to release all property to the defendant. But the note does not appear in the minutes of the case dismissed in January.


Perry said he uses marijuana to ease pain and increase circulation in his hand damaged when a cartridge exploded through the chamber of his rifle when he was target shooting. He also suffers from pain in his back and head from previous injuries, he said.

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