County Settles Pot Lawsuit For $20,000 - California - International Cannagraphic Magazine Forums

vta · 05-27-2010, 08:08 AM

SLO COUNTY SETTLES POT LAWSUIT FOR $20,000

Los Osos Woman Says She Had Right to Medical Marijuana Deputies Destroyed

A Los Osos woman has received $20,000 from the county after her medical marijuana was improperly destroyed by the Sheriff's Department, her attorney said Tuesday.

San Luis Obispo lawyer Louis Koory said that his client, Kimberley Anne Marshall, 46, of Los Osos, filed a claim against the county after deputy sheriffs searched her home based on a probation search for her son.

Koory stated that deputies located the 18-month supply of marijuana in a locked closet and seized it; they later destroyed it after the District Attorney's Office decided not to prosecute the case.

Marshall suffers from hepatitis, and back and lumbar injuries, Koory said. She's qualified by state law to have up to six pounds of medical cannabis, he said.

The settlement amount represents the dollar amount for the roughly six pounds of medical marijuana that his client had, Koory said.

The sheriff received an order from Superior Court Judge Dodie Harman to destroy the cannabis, but Koory said Marshall had a constitutional right to recover her property.

Federal law prohibits possession of marijuana, while state law allows it for qualified recipients who use it for medical purposes.

"The sheriff destroyed the property while aware that no criminal charges would be filed and that ( Marshall ) had a physician's recommendation for medical cannabis," Koory wrote.

The Sheriff's Department has yet to review the settlement offer and has asked for a review of the case, said Rob Bryn, the department's public information representative.

Even so, the $20,000 was paid to Marshall on Monday, Koory said.

URL: https://www.mapinc.org/drugnews/v10/n389/a03.html
Source: Tribune, The (San Luis Obispo, CA)
Author: Nick Wilson

Norkali · 05-27-2010, 08:57 PM

NICE!

almostoverit · 05-27-2010, 10:23 PM

wow. and SLO county has been notoriously anti-med pot. Well, at least publicly. They have long stated they have a zero tolerance, but there are several instances of them leaving people alone I have heard of. Their open policy of zero tolerance has overstepped on many occasions and this is a perfect example. Glad to hear they were forced to make it right....Greenhouse 100% now!!!

05-27-2010, 08:08 AM	#1
vta Senior Member Join Date: Jul 2005 Posts: 4,292	County Settles Pot Lawsuit For $20,000 SLO COUNTY SETTLES POT LAWSUIT FOR $20,000 Los Osos Woman Says She Had Right to Medical Marijuana Deputies Destroyed A Los Osos woman has received $20,000 from the county after her medical marijuana was improperly destroyed by the Sheriff's Department, her attorney said Tuesday. San Luis Obispo lawyer Louis Koory said that his client, Kimberley Anne Marshall, 46, of Los Osos, filed a claim against the county after deputy sheriffs searched her home based on a probation search for her son. Koory stated that deputies located the 18-month supply of marijuana in a locked closet and seized it; they later destroyed it after the District Attorney's Office decided not to prosecute the case. Marshall suffers from hepatitis, and back and lumbar injuries, Koory said. She's qualified by state law to have up to six pounds of medical cannabis, he said. The settlement amount represents the dollar amount for the roughly six pounds of medical marijuana that his client had, Koory said. The sheriff received an order from Superior Court Judge Dodie Harman to destroy the cannabis, but Koory said Marshall had a constitutional right to recover her property. Federal law prohibits possession of marijuana, while state law allows it for qualified recipients who use it for medical purposes. "The sheriff destroyed the property while aware that no criminal charges would be filed and that ( Marshall ) had a physician's recommendation for medical cannabis," Koory wrote. The Sheriff's Department has yet to review the settlement offer and has asked for a review of the case, said Rob Bryn, the department's public information representative. Even so, the $20,000 was paid to Marshall on Monday, Koory said. URL: https://www.mapinc.org/drugnews/v10/n389/a03.html Source: Tribune, The (San Luis Obispo, CA) Author: Nick Wilson __________________ "When governments fear the people, there is liberty. When the people fear the government, there is tyranny." - Thomas Jefferson C'mon...You know you want to click this... American? Click here...
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05-27-2010, 10:23 PM	#3
almostoverit registered user Join Date: Mar 2008 Posts: 278	wow. and SLO county has been notoriously anti-med pot. Well, at least publicly. They have long stated they have a zero tolerance, but there are several instances of them leaving people alone I have heard of. Their open policy of zero tolerance has overstepped on many occasions and this is a perfect example. Glad to hear they were forced to make it right....Greenhouse 100% now!!!
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