Dennis RomeroA law that would let medical marijuana users keep their pot if it is taken unjustly by cops is heading for key approval in the state legislature.
The bill by Sen. Noreen Evans would, in its own words, “require that any marijuana, instrument, or paraphernalia seized that was lawfully possessed by a defendant be returned to the defendant if the case is dismissed or the defendant is acquitted … “
Woo-hoo, many of you are exclaiming. Many police departments destroy weed as a matter of policy:
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Don't celebrate just yet. The proposal, SB 1193, was expected to be heard in the crucial state Senate Appropriations Committee yesterday, but the hearing and probable vote were put off until Monday, May 19th, a committee official told us.
The legislation would also mandate compensation for those whose weed was wrongfully destroyed by authorities:
If the marijuana, instrument, or paraphernalia was damaged or destroyed, the bill would entitle the defendant to receive reasonable compensation for the damage or loss.
The group Americans for Safe Access and its California leader, Don Duncan, are all for it. He writes:
If the marijuana, instrument, or paraphernalia was damaged or destroyed, the bill would entitle the defendant to receive reasonable compensation for the damage or loss.
The bill would also put stricter limits on how law enforcement can handle the evidence, how much they can take for testing in cases of large hauls, and how defendants can examine the evidence.
Evans, of Santa Rosa, says:
This bill is a solution that reflects good policy for California as we come to terms with some of the more practical and logistical concerns of medical marijuana in the state.
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