Appellate Court Strongly Vindicates Patients Right to Medical Marijuana Seized by Police

*MEDIA RELEASE
Americans for Safe Access
For Immediate Release: *November 28, 2007

*Appellate Court Strongly Vindicates Patients Right to Medical Marijuana
Seized by Police*
/Ending years of dispute, court rules that police must enforce state and
not federal law/

*Santa Ana, CA *-- A California Appeals Court ruled today in favor of
Felix Kha, a medical marijuana patient from Garden Grove seeking the
return of his 8 grams of medical marijuana that was seized by police. In
a ruling that rejects law enforcement's claim that federal law preempts
the state's medical marijuana law, the court asserted "we do not believe
the federal drug laws supersede or preempt Kha's right to the return of
his property." The court further stated that, "it is not the job of the
local police to enforce the federal drug laws..."

After more than 2 years, the appellate court has answered a divisive
question pitting the State Attorney General against the California
Police Chiefs Association. Both filed "friend of the court" briefs in
the case on opposite sides of the issue, with the Attorney General in
support of Kha. "It should now be abundantly clear to law enforcement
across the state that it is not acceptable to seize the medicine of
seriously ill patients," said Joe Elford, who represented Kha as Chief
Counsel with Americans for Safe Access (ASA), a national medical
marijuana advocacy group. "And if, for whatever reason, a seizure
occurs, the court has ensured that patients have a mechanism to get it
back."

Kha was cited for marijuana possession and had his medicine seized in
June 2005, but after the case was dismissed in August 2005, an Orange
County Superior Court judge ordered the return of his medicine. However,
the City of Garden Grove not only refused to return Kha's unlawfully
seized property, it also appealed the order, an unprecedented action by
a California city.

Americans for Safe Access (ASA) has compiled reports from nearly eight
hundred patient encounters with local or state police during a period of
more than two years. These reports show a glaring trend: more than 90%
of all encounters result in medicine seizure by police regardless of any
probable cause. According to reports received by ASA, rampant seizure of
medical marijuana from qualified patients and primary caregivers has
taken place in 53 of California's 58 counties. These violations of state
law occur in both urban and rural locales, in the north as well as the
south, and by both city and county law enforcement.

The court's ruling also affirms a policy change by the California
Highway Patrol (CHP), which until 2005 held the record for the worst
violator of Proposition 215. The CHP's policy of mandatory seizure of
medical marijuana was challenged in court by ASA, after which the
state's top law enforcement agency amply modified its policy. "Both
today's court ruling and the CHP policy should go a long way to restore
patients' rights in California," continued Elford.

For further information, refer to:
Decision by the California Fourth Appellate District Court

Felix Kha's return of property case


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With over 30,000 active members in more than 40 states, Americans for
Safe Access (ASA) is the largest national member-based organization of
patients, medical professionals, scientists and concerned citizens
promoting safe and legal access to cannabis for therapeutic use and
research. ASA works to overcome political and legal barriers by creating
policies that improve access to medical cannabis for patients and
researchers through legislation, education, litigation, grassroots
actions, advocacy and services for patients and the caregivers.