# Police return pot to patient three years later



## FruityBud (Sep 17, 2008)

It was like Christmas Day for Jim Spray. He giggled with glee as he tore into brown paper bags as if they were presents.

These bags, however, were filled with jars of his medical marijuana and other paraphernalia that had been stored for nearly three years at the city's police department.

A court order today forced officials to give it back, marking the second time in a year that Huntington Beach police have had to return seized marijuana to a patient after court rulings stated that the marijuana should not have been seized in the first place.

"That's a chunk of hash," said Spray, a 52-year-old trade show decorator from Huntington Beach. A tall, stocky police official watched as the medical marijuana patient inspected a tiny eye shadow-sized container full of hashish.

"It's still good. I almost forgot about all this," said Spray, who uses medical marijuana because of pain from a herniated disc.

It has been almost three years since Huntington Beach officers confiscated Spray's estimated 4 ounces of marijuana and a $1,000 growing system, which included special lighting and a water-timing system.

While police had destroyed most of the growing equipment, officials returned Spray's marijuana today after an order from Orange County Superior Court Judge Thomas Borris.

The order came nearly nine months after the 4th District Court of Appeal ruled that the city must return Spray's marijuana and equipment taken from his home in Nov. 2005. Spray was represented by attorneys with medical marijuana advocacy group, Americans for Safe Access.

The Huntington Beach Police Department doesn't have a policy regarding medical marijuana, officials have said in the past. Officers interpret the Compassionate Use Act as protecting medical marijuana recipients from prosecution, not arrest.

The 1996 law allows people to use medical marijuana in California. Federal law, however, outlaws all marijuana use.

On Aug. 25, state Attorney General Jerry Brown developed guidelines for the first time since the passing of the act. The most notable guideline upholds the legality of medical marijuana dispensaries that operate as nonprofit cooperatives or collectives.

In addition, the new directive essentially tells law enforcement officials that they cannot take marijuana from medical marijuana patients in the first place and are not allowed to charge them if they are carrying less than 8 ounces.

Agencies, such as Huntington Beach, however, are still trying to figure out what to make of Brown's directive since it is opinion and not law, officials said.

About six months ago, Dave Lucas of Huntington Beach also retrieved his purple urkel  a higher end marijuana  and a couple of smoking pipes officers confiscated from him more than a year ago.

Lucas retrieved his medical marijuana in April, after waiting for the California Supreme Court to decline to review an appellate court ruling, which ordered Garden Grove police to return seized medical marijuana to Felix Kha.

In November, Kha won the right to get his medical marijuana returned to him. A month later, the same court also ruled in Spray's favor.

"Hopefully they'll stop taking people's medicine away," Spray said today out loud in the police lobby.

Spray said he plans to file a claim against Huntington Beach because of his destroyed marijuana growing equipment. Medical marijuana advocates Bill Britt and Marvin Chavez Sr., who were there for support, helped Spray with the about half a dozen bags of once-seized pot.

"Do you know how much of a pleasure it is to take medicine from the department?'' Chavez, a medical marijuana patient and advocate, said. "It's such a victory."

*hxxp://tinyurl.com/68v85n*


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## Thorn (Sep 17, 2008)

thanks for sharing this story! That was brilliant!


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## The Effen Gee (Sep 17, 2008)

Finally some GOOD news.

Thanks as always F.B.


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## lyfr (Sep 17, 2008)

> These bags, however, were filled with jars of his medical marijuana and other paraphernalia that had been stored for nearly three years at the city's police department.


now thats a cure, good thing it was jarred.  thanks Fruitybud!


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## 7greeneyes (Sep 17, 2008)

"Do you know how much of a pleasure it is to take medicine from the department?'' Chavez, a medical marijuana patient and advocate, said. "It's such a victory."-endquote. I couldn't even fathom what it would feel getting your pot back. The only thing I got back in one case was my knife, that was it. Thank u very much FB. Peace.


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## spLIFTED (Sep 17, 2008)

this is indeed a big step for CA people. HB leos are always gonna find ways to mess with patients. This man was 50+ and they still did it. Come on now!!!?? 

I know about the Kha ruling. boy was I glad. smiling and lighting up a fat one in behalf of all people. he set the steps for other courts and county. He set a precedent ruling that told all leos in CA they can not take away a patient's medicine. They can not mess with a patient if he/she is legally a patient. And they are to uphold state laws not federals. and to DO THEIR JOB.

we are close people. We are REAL close. But to the voice of some all we can do is hope. 

can you imagine if CA decriminalize cannabis. Gees... how many other states would follow. How many other state's laws derives from CA laws?


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## 7greeneyes (Sep 17, 2008)

spLIFTED said:
			
		

> this is indeed a big step for CA people. HB leos are always gonna find ways to mess with patients. This man was 50+ and they still did it. Come on now!!!??
> 
> I know about the Kha ruling. boy was I glad. smiling and lighting up a fat one in behalf of all people. he set the steps for other courts and county. He set a precedent ruling that told all leos in CA they can not take away a patient's medicine. They can not mess with a patient if he/she is legally a patient. And they are to uphold state laws not federals. and to DO THEIR JOB.
> 
> ...


 I'm crossing my fingies that they do cuz we up here would follow suit very quickly. Much tax revenue to reinvest elsewhere for the taxpayers benefit!


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## Thorn (Sep 17, 2008)

spread to the world man! I would chop my very long hair off and do a little naked dance the day mj becomes legal in the uk!


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## Dozingoffaroundthecorner (Sep 17, 2008)

You rock Fruitybud! I have read a few of your summaries but they are very informative. I find them short, blunt, and factual enough to keep my attention span which is brilliant! Thank you!


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## Kupunakane (Sep 17, 2008)

Yeppers,
  I grew up in Huntington Beach, and still have family there. My moms and LIL Sis tell me that the helicoptors are still looking in everyone's back yards. The HB Leos are not a nice bunch, and I still remember their messing with me and my brothers as we grew up. Since it is now wall to wall people I headed off to other areas where I felt I could breath, but this having to give it back is so cool. Major step in the correct direction,
Thanks Heaps FB, you can bet that down at the station it really squeezed their fruit to have to return it, LOL,  bummer about the equipment though.

smoke in peace
KingKahuuna


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## Dozingoffaroundthecorner (Sep 17, 2008)

I often wonder what the police are trained and conditioned to think or if they even think on their own. They seem like numb heartless people sometimes and other moments they are really decent. Most of the time when they rush into a situation without thinking they hurt somebody, piss off a group of good people, or get sued! What is the point in having them around if they cause harm? They are there to keep the peace not start fights.


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## aslan king (Sep 17, 2008)

Sounds like progress


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