California Court of Appeal

In case where drug charges were dismissed against real party since he had a doctor's approval to use marijuana for medical reasons, city's petition for writ of mandate seeking to block an order to return the marijuana to real party is denied as governmental subdivisions of the state are bound by the state's laws and must return materials the state considers legally possessed.

Appellate Information

• Decided 11/28/2007
• Published 11/28/2007

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Woodruff, Spradlin & Smart, John R. Shaw, Magdalena Lona-Wiant and Douglas C. Holland, Orange, for Petitioner., Joseph D. Elford, for Real Party in Interest., Jones & Mayer, Martin J. Mayer and Krista MacNevin Jee, Fullerton, for the California State Sheriffs' Association, the California Police Chiefs' Association, and the California Peace Officers' Association;  the California District Attorneys Association;  the City of Bakersfield, the City of Burbank, the City of Costa Mesa, the City of Dixon, the City of Exeter, the City of Huntington Beach, the City of La Habra, the City of Newport Beach, the City of Ontario, the City of Placentia, the City of Redding, the City of Santa Clara, the City of Tulare, the City of Visalia, the City of Whittier and the City of Yreka, as Amici Curiae in support of Petitioner.


• For Appellees:
  
• No appearance by Respondent., James Humes, Chief Assistant Attorney General, Stacy Boulware Eurie, Assistant Attorney General, Christopher E. Krueger and Teri L. Block, Deputy Attorneys General, for Attorney General Bill Lockyer as Amicus Curiae in support of Respondent and Real Party in Interest.