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Source: San Diego Union Tribune (CA)
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JUDGE ORDERS MAN'S POT RETURNED


EUREKA - Judge Bruce Watson has ordered the Humboldt County Sheriff's Department to return medical marijuana to Chris Robert Giaque.

Police seized Giaque's marijuana during a traffic stop in Garberville in April 1999 though he had a card identifying him as a medical marijuana patient under state Proposition 215.  He was arrested for transportation of marijuana, and -- after protesting -- for disturbing the peace and resisting arrest.

Watson ruled that federal law does not pre-empt California voters from approving medical use of marijuana.  Under Proposition 215, he said, "some level of transportation must be contemplated." Defense attorney Russ Clanton said Giaque suffers from "physical disabilities."

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