Police Return Medical Cannabis to Patient in Huntington Beach

Subject: Police Return Medical Cannabis to Patient in Huntington Beach
Date: 4-8-08
From: William Britt - Association of Patient Advocates

Patient Dave Lucas had his medicine returned today by the Huntington Beach
police department. It was taken by a HB police officer who ignored his letter
of recommendation and told him "We don't follow that law here".

I assisted him in having the charges dropped and requesting to have his
property returned which the judge agreed to do. This was shortly after the Kha
(another property return case in Garden Grove) which was pending appeal so the
judge put a hold on the order. After the appeal was won, the judge
re-issued the order and Dave tried to collect his property again, but the Kha case
was appealed to the Supreme Court so Dave had to wait again.

Shortly after Dave went to HBPD to pick up his cannabis, he was pulled over
and arrested for Mj DUI. The charges were dropped, but he had to spend the
night in jail and $500.00 to get his truck out of impound. One week later he
was stopped on the sidewalk and ticketed for Mj. Both times the officers
ignored the law and said they don't recognize medical marijuana.

After the Supreme Court decided not to hear or de-publish the Kha case,
Dave's judge re-issued the property return order.

I contacted the OC Register and a reporter and photographer met us at the HB
police station. She had contacted the HB police chief and he and a detective
showed up for an interview. He began talking about how officers are allowed
to arrest or cite because Prop 215 and SB 420 only allow for a defense in
court, not immunity from arrest.

I mentioned that the law allows officers discretion to not arrest/cite and
asked him directly (in front of the reporter) what instructions are HBPD being
given regarding medical cannabis encounters. He responded that the policy
is to cite or arrest regardless of letter of recommendation or county issued
ID cards.

When I told him the county issued cards do offer immunity from arrest he
said he didn't want to argue and told the reporter if she wanted an interview it
would have to be in private (coward).

Dave got back (after a year) about 35 grams and a prized glass pipe.
Tomorrow we go back to pick up a small amount and another pipe that was taken in
one of the other encounters.

Bill