Emeryville man suing over seizure of his marijuana plants

December 09, 2004

Associated Press, KESQ News (Palm Springs, CA)

OAKLAND, Calif. An Emeryville man who says he smokes marijuana for medical reasons is suing the city of Emeryville and the police department over the seizure of his pot plants.

James Blair is seeking a court injunction that would prohibit Emeryville police from violating what his suit calls the 'rights of qualified medical marijuana patients.'

Blair's lawsuit comes after a court ordered police to return the 30 marijuana plants and growing equipment they seized in a raid of his apartment last year.

After Emeryville police sent him a later saying a storage facility holding his plants and equipment had been broken into, Blair says he eventually received what he calls a 'fraction' of his plants back.

Blair was initially charged with cultivation and possession of marijuana for sale, but those charges were dropped.

He says he smokes marijuana every day to relieve pain from a neck injury.

(APcredit: San Francisco Chronicle)

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