Supreme Court declines to review Garden Grove marijuana case

March 18, 2008

Rachanee Srisavasdi, The Crime Scene (Orange County Register Blog)

The California Supreme Court today declined to review an appellate court ruling that ordered Garden Grove police to return seized medical marijuana from a patient, lawyers say.

Garden Grove police also had asked the court to unpublish its ruling, which the case would no longer be legally binding regarding other seizures, but the court rejected that appeal, according to Joe Elford, an attorney for the nonprofit group Americans for Safe Access.

In November, Felix Kha won the right to get his medical marijuana back from police when the state’s 4th District Court of Appeal ruled police officer illegally took away the pot from him.

Elford said the Supreme Court’s decisions affirms the rights of medical marijuana patients to possess the drug — and serves as a warning for law enforcement who may engage in such seizures.

– Rachanee Srisavasdi

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