Judge Orders Return of Marijuana Confiscated by California Highway Patrol January 10
Sixty pounds of marijuana was restored to its “rightful owner” after a judge ruled in favor of the defendant in a case involving possession of marijuana for sale and possession, a charge that violates the California health and safety code.
Thirty-three year-old Sagura Doven was pulled over by the California Highway Patrol, who eventually found sixty pounds of marijuana packed in baggies which were placed in a large duffel bag. Had he been convicted of the charges brought against him, he would have faced up to four years of jail time.
His lawyer Glen Jonas, however, argued that Doven’s possession of marijuana was well within the confines of the law governing medical marijuana in the state. Doven was allegedly on his way to a medical marijuana collective based in Venice, of which he was a member, when he was pulled over. He was, therefore, authorized to transport the marijuana in question.
According to the report on NBC Los Angeles, guidelines that govern medical marijuana from the State Attorney General point out that collectives are allowed to grow and transport marijuana for its members.
Aside from this argument, Jonas also said that the witness of the prosecution, CHP Sgt. Richard Fuentes, did not have expert knowledge that would help him tell the difference between lawful and unlawful possession and transportation of marijuana. According to Fuentes’ testimony, only caregivers were allowed to transport that much marijuana; the law, however, reportedly allows members of a collective to do so on behalf of the group.
Superior Court Judge William Sterling agreed with the fact that Fuentes was not qualified to give expert opinion. He then ordered that the charges of possession be dismissed, and that the marijuana be returned to Doven.
Needless to say, Doven did seem quite relieved – as anyone in his place would be – that he escaped jail time, telling the Los Angeles Times that “although justice was delayed, I am thankful it wasn’t denied.”
Tags: california marijuana law, marijuana law, marijuana possession, marijuana transport, medical marijuana, medical marijuana in california
Frank S. Jan 10
Sounds like the cop violated the new laws. He should pay the state back the money it lost on wasted man hours. Sagura Doven should sue for discrimination.
In the meantime we still pay exorbitant federal taxes for Marijuana Prohibition. We should pass a law where we itemize tax expenditures on controversial laws and allow citizens to choose which laws they want enforced. With over 53% of the population for Marijuana Legalization the majority should not have to pay for something that goes against their values. The people that are for Prohibition should put their money where their mouth is and foot the bill.
“Marijuana prohibition costs taxpayers $41.8 billion every year in law enforcement expenses and revenues lost to government at all levels, according to a new report released today.”
“Marijuana prohibition diverts the entire $113 billion in sales from the legal, taxed economy. Based on the White House Office of Management and Budget’s estimate that 28.7 percent of the U.S. gross domestic product goes to federal, local, and state governments as tax revenue, marijuana prohibition costs $31.1 billion in lost tax revenues annually”
41,000,000,000/ (304,059,724 Source: U.S. Census Bureau, Population Division – 25% Population that doesn’t taxes
= $200 Per Citizen
I sure could have used that extra $600 dollars these past three years with the recession. Me and My wife would have an extra $1200 in our savings account right now.
Christian Jan 10
The judge done the right thing for a change!
John Jan 10
Hallelujah, justice has been done!!! Kudos to you Judge. Hey Frank S., I really like your idea.
TYC Jan 11
Finally! A sign of intelligence within the government.
End cannabis prohibition and stop the drug cartels in their tracks!
Legalize and regulate.