Retrieving my seized medicine?

[Ian_Y]

What is the name of your state (only U.S. law)? California

I just had my misdemeanor possession of marijuana charge dropped on me today because I am a medical card holder.

I would like to get my medicine back and I know the court is required to give it back when I fill out the correct paper work.

Can anyone point me in the right direction to this paper work? Do I need to go to court again? Thanks.

 

[Zigner]

What did the police say when you asked them?

ETA: MJ - 'shrooms.

Medicine...yeah, right

 

[Ian_Y]

So, are you going to continue stating your opinion of marijuana or help me? Thanks for the completely useless post.

 

[Peligroso27]

Contact the property room or arresting authority to see if there is a particular form you need to fill out.

 

[CdwJava]

What is the name of your state (only U.S. law)? California

I just had my misdemeanor possession of marijuana charge dropped on me today because I am a medical card holder.

I would like to get my medicine back and I know the court is required to give it back when I fill out the correct paper work.

Can anyone point me in the right direction to this paper work? Do I need to go to court again? Thanks.

The law enforcement agency will almost certainly not return the marijuana to you without a court order.

From the Attorney General:

If a person whose marijuana is seized by law enforcement successfully establishes a medical marijuana defense in court, or the case is not prosecuted, he or she may file a motion for return of the marijuana. If a court grants the motion and orders the return of marijuana seized incident to an arrest, the individual or entity subject to the order must return the property. State law enforcement officers who handle controlled substances in the course of their official duties are immune from liability under the CSA. (21 U.S.C. § 885(d).) Once the marijuana is returned, federal authorities are free to exercise jurisdiction over it. (21 U.S.C. §§ 812(c)(10), 844(a); City of Garden Grove v. Superior Court (Kha) (2007) 157 Cal.App.4th 355, 369, 386, 391.)​

- Carl

 

[Isis1]

seriously...how much was seized? what was the value? is it worth the effort instead of just getting more from your "supplier"? what if the "evidence" is "lost"?

 

[CdwJava]

seriously...how much was seized? what was the value? is it worth the effort instead of just getting more from your "supplier"? what if the "evidence" is "lost"?

As I recall, he was cited for under an ounce and he did not have a whole lot - a few grams.

- Carl

 

[Ian_Y]

It was actually almost 2 ounces, however the charging officer changed the charge to under an ounce. It cost a lot of money I would like to have it back, so it's worth the time. Thanks a lot for your help guys.

 

[CdwJava]

Of course, if the feds are waiting outside, you could be arrested and charged under federal law. While it is doubtful the feds would bother with such a small amount, ya never know. They might owe a favor or two to someone at the agency that holds your pot.

- Carl

 

[Ian_Y]

Thanks for the heads up Carl, I'll be sure to wear my camouflage.

 

[CdwJava]

Thanks for the heads up Carl, I'll be sure to wear my camouflage.

Won't work ... the parking lot is flat gray asphalt.

- Carl

 

[seniorjudge]

Thanks for the heads up Carl, I'll be sure to wear my camouflage.

I went to look for my camouflage outfit...couldn't find it!

 

[Ian_Y]

Won't work ... the parking lot is flat gray asphalt.

- Carl

cam⋅ou⋅flage
 
1. the act, means, or result of obscuring things to deceive an enemy, as by painting or screening objects so that they are lost to view in the background, or by making up objects that have from a distance the appearance of fortifications, guns, roads, etc.

 

[CdwJava]

Since most camo is in jungle or desert motif, neither will fit. But, if you really want to disguise yourself as walking pavement, just be sure you don't lie down in a driveway.

- Carl

 

[Mikef6301]

I recently read a media report about a police department defying a judges order and refusing to return marijuana seized from someone with a medical use card like yourself. You can try and get a judges order, or ask the court clerk for a form to fill out. What's the value of the marijuana? You can always file a small claims lawsuit if they refuse to return it to you. Just make sure you have the papers served to the police chief, at his home address, very early in the morning. That's when they like to be served Of course the traffic citations you will suddenly start getting if you follow this advice will likely exceed the value of the marijuana.