Grover Beach police ordered to return patient's pot
January 17, 2007
Associated Press, Mercury News (CA)
SAN LUIS OBISPO, Calif. - A judge ordered Grover Beach police to return medical pot seized from a medical marijuana patient who was acquitted of a drug possession charge.
Superior Court Judge Michael Duffy this week ordered return of the 20 grams of marijuana to return the pot to Kenneth Parson. Police planned to do so by the end of the day Friday.
The city will avoid $5,900 in attorney's fees and fines by returning the marijuana.
"The city would like to have the opportunity to pursue this issue further, but having determined that given the potential cost of filing a suit in federal court and the city's limited resources, it is less than prudent to pursue this action further," Mayor Steve Lieberman said in a statement.
The marijuana was seized by police when Parson was stopped for a traffic violation. Parson was later charged with misdemeanor possession but acquitted.
"It's a step forward," Parson said. "They've got to give it back, they've got to obey the law."
Parson had the valid doctor's consent required under the Compassionate Use Act of 1996, a state law allowing those with a doctor's recommendation to possess and cultivate marijuana for personal medical use.