Now, normally that might be a big deal: Confiscated pot is sometimes the cost of doing business in a country where cannabis is both illegal and prescribed. And this battle only involves six plants.
But in this case ...
... pro-pot forces say L.A. Superior Court Judge Anthony Barreto f---ed up:
He allegedly relied on an outdated precedent to rule that medical grower Susan Soares, a member of the Drug Policy Forum of California, couldn't have her pot back because doctors had not prescribed a specific dose for her.
Barreto ruled that Soares' doctor's note did "not involve frequency and dosage" and therefore "is insufficient, period, and does not lead to any lawful possession of any amount of marijuana."
She claims that cops, who are said to have aggressively raided her L.A.-area stash in March, and the prosecutors, cheered following the judge's decision.
Now, as any good, weed-smoking citizen of the Golden State well knows, doctors don't prescribe weed dosage for anyone.
According to a statement Dale Gieringer, leader of California NORML, sent us:
It is generally the practice of most medical cannabis specialists never to prescribe a dosage quantity. The California Medical Association recommends that physicians never do so, because no dosage guidelines for cannabis have ever been established.
What's more, in citing the lack of a prescribed dose, Soares aruges, the judge relied on pre-California-medical-marijuana precedent that has since been outmoded.
My attorney then asked him to preserve the evidence until we have time to appeal and he refused.
So it looks like that bud is going up in smoke. And not the good way, either. Still, Soares is appealing -- on principal.