Psycho4Bud
12-20-2005, 04:27 AM
Hollister - A legal battle erupted in the San Benito County Courthouse when the county's public defender demanded a court hearing to determine whether the local California Highway Patrol commander broke the law by refusing to return a man's medical marijuana confiscated during an arrest last year.
Public Defender Greg La Forge argued before Superior Court Judge Steven Sanders that Hollister-Gilroy CHP Commander Otto Knorr should return four grams of medical marijuana, or face the possibility of being held in contempt of court because a judge had already issued a court order mandating the marijuana be returned.
But Knorr said that while California recognizes marijuana as a medicine under certain instances, the federal government does not. That is why he cannot return the substance CHP officers confiscated from 28-year-old Eugene Popok, a Los Angeles-area resident, during a traffic stop for speeding on Highway 156 in October of 2004, he said.
Popok was charged with driving under the influence of marijuana at the time, and La Forge said the criminal charges against his client have already been settled. La Forge did not know what ailed Popok, who was not present during Thursday's hearing, however the primary cause for medical marijuana is chronic pain.
The case was continued to Jan. 19, at which time La Forge said he will ask Sanders to hold Knorr in contempt of court if the commander fails to hand over the marijuana. A misdemeanor contempt of court charge carries a sentence of up to six months in jail. Knorr said he did not know what he would do if Sanders ordered him to return the marijuana in January.
http://www.gilroydispatch.com/news/contentview.asp?c=175123
Give the man his smoke!!! :thumbsup:
Public Defender Greg La Forge argued before Superior Court Judge Steven Sanders that Hollister-Gilroy CHP Commander Otto Knorr should return four grams of medical marijuana, or face the possibility of being held in contempt of court because a judge had already issued a court order mandating the marijuana be returned.
But Knorr said that while California recognizes marijuana as a medicine under certain instances, the federal government does not. That is why he cannot return the substance CHP officers confiscated from 28-year-old Eugene Popok, a Los Angeles-area resident, during a traffic stop for speeding on Highway 156 in October of 2004, he said.
Popok was charged with driving under the influence of marijuana at the time, and La Forge said the criminal charges against his client have already been settled. La Forge did not know what ailed Popok, who was not present during Thursday's hearing, however the primary cause for medical marijuana is chronic pain.
The case was continued to Jan. 19, at which time La Forge said he will ask Sanders to hold Knorr in contempt of court if the commander fails to hand over the marijuana. A misdemeanor contempt of court charge carries a sentence of up to six months in jail. Knorr said he did not know what he would do if Sanders ordered him to return the marijuana in January.
http://www.gilroydispatch.com/news/contentview.asp?c=175123
Give the man his smoke!!! :thumbsup: