Federal Court Rules Pot To Be Returned To Driver
Eight grams of medical marijuana seized from a Garden Grove man during a traffic stop must be returned to him, according to an appeals court ruling directing local law enforcement to uphold state, not federal law.
A three-justice panel of the 4th District Court of Appeal weighed in on the issue in a published decision that sets precedent for future cases on similar issues.
The marijuana, which belonged to Felix Kha, 22, was confiscated during a traffic stop on June 10, 2005.
Kha pleaded guilty to a traffic violation. The charge of possessing marijuana while driving was dropped after he produced a doctor's note approving Kha's use that he said was for severe back pain.
Despite objections by the prosecution, the judge ordered Kha's marijuana returned, according to the ruling.