Pubdate: Wed, 15 Feb 2012 Source: Press Democrat, The (Santa Rosa, CA) Copyright: 2012 The Press Democrat Contact: http://www.pressdemocrat.com/ Details: http://www.mapinc.org/media/348 Author: Paul Payne, The Press Democrat ROBBERS DON'T HAVE TO REPAY HEALDSBURG VICTIM FOR STOLEN POT A Healdsburg man whose marijuana was stolen in a home-invasion robbery will be allowed to seek restitution to treat post-traumatic stress disorder but not to cover his lost pot. That was Tuesday's ruling from Sonoma County Superior Court Judge Gary Medvigy in a potentially precedent-setting case that was being watched by marijuana advocates across the state. It stemmed from the October 2009 robbery in which four men dressed as police officers barged into Michael Steffen's West Dry Creek Road house and robbed him at gunpoint. Steffen, 51, a carpenter, said the men stole 32 marijuana plants he had been growing with doctors' recommendations to treat his chronic neck pain and his mother's fibromyalgia. The intruders loaded the pot and other household items such as guns into a trailer and drove away, leaving Steffen bound with telephone wire. When the men were caught, Steffen sought repayment for monetary losses, including $18,000 for six pounds of marijuana and about $10,000 for therapy and stolen possessions. Advocates said it would be the first time in state history that a judge awarded restitution for marijuana stolen in a criminal case. However, Medvigy balked at taking that step. He ordered the men convicted in the case to pay for Steffen's future medical expenses, but said they would not have to compensate him for the pot. Medvigy said Steffen failed to show how much marijuana he had at the time or how much it was worth. Also, he pointed to conflicting statements Steffen made to police that suggest he may have had up to 50 pounds - much more than the three pounds per person allowed under county guidelines. "I don't believe they've met the burden ... that this was a legal grow," Medvigy said. "It does appear to have been a commercial enterprise." Steffen, who testified Tuesday, denied growing the marijuana for profit. He said early statements he made to police about the value of his drying pot - $45,000 - were just estimates. His lawyer, Steve Spiegelman, said police may have confused 15 pounds for 50pounds. About a dozen medical marijuana advocates attended the hearing. Sarah Shrader with the Sonoma County chapter of Americans for Safe Access said the decision was unfair. Steffen said he would consider appealing the ruling. "I'm disappointed," he said. "They called me an illegal grower but I'm not." - --- MAP posted-by: Richard R Smith Jr.