first off, sorry this post is so long....I suffer from chronic intractable back pain this requires me to use strong opiate base medications, these medication cause me sever nausea, and constipation, as well as often triggering stress and depression, for these and other various opiate related symptoms the only thing that helps is my medicinal marijuana.
One day in Yreka CA (6-20-04) the way back from Redding CA, less than two miles from my home I was pulled over at about 8:45pm for speeding (which I was guilty of) by a CHP officer, the officer asked for the normal paperwork, license, registration, insurance. After receiving these documents, the officer asked if I possessed any marijuana and or alcohol, explaining he smelt these things, I answered yes I have some medication, and no I don’t have any alcohol (which was the truth). He asked me to step out of the car, asked me if I had a prescription, I answered yes, he asked me where the drugs were, I replied “my MEDICATION is in the center console,” after taking my medication (about a half once of high grade cannabis) he asked me when the last time I used, I told him it was about noon the last time I smoked, he said “so how much of your dope did you smoke”(referring to my medication as dope) I told him just a joint, he proceeded to give me 2 sobriety tests after which he said, “well your not under the influence” and wrote me a speeding ticket and a ticket for misdemeanor marijuana possession, he said it would get thrown out with my prescription. I asked him can I get me medication back. He said “oh, no our office doesn’t work like that,” and he took my medication and drove off in the other direction, now with no medication, I drove the short distance to my home.
I went to court prepared with my prescription and a motion to return illegally seized property, the marijuana charge was dismissed but the judge denied my motion saying he doesn’t have the power to tell the CHP to violate federal law by returning my property. They admitted that no crime had been committed yet would still not return my cannabis that they admit was not criminal. I have contacted Eddy Lep’s office for consultation on getting my property returned. at this point it’s more about the getting a wrong undone, and less about getting back the half once of medication (not to say that getting it back is not the main goal, it is the main issue, it’s just that these cops still can take a medical users medicine and that needs to stop).I’d like to teach the CHP a lesson with this case, maybe no one else will get their medicinal marijuana taken by a CHP officer in Siskiyou county after they realize that they will have to give it back in the end. Any help, support, advice concerning my next steps would be greatly appreciated.