California Judge Orders Highway Patrol to Return 60 Pounds of Marijuana to Owner

Sunday, January 10, 2010

California Highway Patrol (CHP) Sergeant Richard Fuentes thought he had made a successful drug bust when he caught Saguro Doven, 33, with 60 pounds of marijuana in his car. But Doven claimed at his trial that he was transporting the pot as part of his role in a Venice-based medical marijuana collective, and as such, he was allowed under the state’s medical marijuana law to have the drug in his automobile. Superior Court Judge William Sterling agreed with Doven’s argument and dismissed Fuentes’ testimony after he erroneously stated that only caregivers can transport or carry large quantities of marijuana. Actually, the law allows members of a collective to transport marijuana on behalf of the group, exempting them from prosecution. Sterling not only freed Doven, but also ordered the CHP to give him back the 60 pounds of pot.

 
In a related case, Kyle Kelly, 25, of Sacramento has filed an order of return to try to recapture an eighth of an ounce of marijuana a CHP officer confiscated during a traffic stop because Kelly did not have his medical marijuana certificate with him at the time.
-Noel Brinkerhoff
 
Judge Orders CHP to Return 60 Pounds of Marijuana (by Gerrick Kennedy, Los Angeles Times)
How to Buy Marijuana Legally in California (by Sidney Finster, AllGov)

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