Pubdate: Fri, 25 May 2001
Source: San Francisco Chronicle (CA)
Copyright: 2001 San Francisco Chronicle
Contact:  http://www.sfgate.com/chronicle/
Details: http://www.mapinc.org/media/388
Author: David Kravets, Associated Press Writer

JUDGE SEIZES MEDICAL MARIJUANA AT GOVERNMENT'S REQUEST

A federal judge said Wednesday the recent U.S. Supreme Court decision 
barring medical marijuana prompted him to order that an ounce of cannabis 
seized from a California man be forfeited.

It is believed to be among the first such forfeiture since the nation's 
highest court ruled last week that sick and dying patients cannot claim a 
medical necessity defense to marijuana possession in a case testing 
California and eight other states' medical marijuana laws.

At the government's request, U.S. District Court Judge Charles Legge 
ordered forfeited one ounce of marijuana seized two years ago from a 
Humboldt County man who was arrested during a traffic stop. Under 
California law, Christopher Giauque had a doctor's recommendation to smoke 
marijuana to relieve chronic back pain.

County prosecutors seized the marijuana but did not charge Giauque for any 
drug-related offense. A county judge ordered Sheriff Dennis Lewis to return 
the marijuana. Lewis refused, citing federal law that prohibits him from 
dispensing marijuana.

Humboldt County Superior Court Judge Bruce Watson ordered the sheriff held 
in contempt of court and the sheriff sued the federal government, asking it 
to intervene on his behalf.

Mark T. Quinlivan, the Justice Department's main lawyer in the case before 
the Supreme Court, flew from Washington to California to argue for the 
seizure of Giauque's marijuana. He declined to say whether the government's 
position on Giauque's case or his appearance here was an indication of 
whether the Bush administration is going to begin cracking down on medical 
marijuana use.

Even so, he said the judge's decision was correct in light of the high 
court's ruling.

"You presume a U.S. district judge is aware of the current state of the 
law," he said after the brief hearing.

The high court said there is no exception in a federal anti-drug law for 
the medical use of marijuana. Some patients say the drug eases their pain 
from cancer, AIDS and other illnesses or pains.

The court ruled that clubs formed to distribute the drug to approved 
patients cannot claim "medical necessity" as a reason to break a 1970 law 
regulating the drug as a controlled substance, and said patients cannot 
claim that as a defense.

Giauque's attorney, J. Bryce Kenny, said he would ask the judge to 
reconsider his decision. He added that the high court's ruling hurt his case.

"Let's put it this way, the U.S. Supreme Court certainly hasn't helped our 
position," Kenny said.

Voters in Arizona, Alaska, California, Colorado, Maine, Nevada, Oregon and 
Washington have approved ballot initiatives allowing the use of medical 
marijuana. In Hawaii, the Legislature passed a similar law and the governor 
signed it last year.

The case decided Tuesday is Humboldt County v. Giauque, C01-1279 CAL.
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MAP posted-by: Larry Stevens