COPS RETURN 2LBS. POT
As Seen On KCRA
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Judge Orders Return Of 2 Pounds Of Marijuana
DUI Charges Dropped; Driver Gets Property Back
POSTED: 12:43 pm PDT May 19, 2011
SACRAMENTO, Calif. — A Sacramento Superior Court judge on Thursday ordered the California Highway Patrol to return two pounds of marijuana seized during an arrest in August 2010.
Judge John Spaunor sided with Kevin Smith of Sacramento in a motion to have his personal property returned after the Sacramento County District Attorney’s Office dismissed DUI and pot possession charges against him.
Video — From The Field: Ex-Defendant Given Back Pot
Defense attorney Alex Veylupek said charges were dismissed in March after experts agreed that Smith did not have sufficient THC content in his bloodstream to cause impairment.
Veylupek said Smith has a rare medical condition that caused him to blackout behind the wheel while driving on Fair Oaks Boulevard last year. He also said Smith has a doctor’s prescription for up to three pounds of medical marijuana.
In court this morning, the Judge asked members of the D.A.’s staff if they had an opinion about releasing the marijuana. Veyupek said he objected, saying the D.A. no longer had standing in the case since charges were dropped.
Members of the Compassionate Coalition in Sacramento, a medical marijuana advocacy group, said the ruling was good news for patients.
Ryan Landers said, “I’m glad the judge followed the law and applied it accordingly and that he took the time to look into the truth.”
Reported by: Tom DuHain