Lawyers for Garden Grove said they were not seeking to have the state's medical marijuana laws declared unconstitutional on pre-emptive grounds, but were simply arguing that the city did not want to be in the position of having to return marijuana to a patient once it has been seized -- lawfully under federal law -- by police.Link (Via LAist)
Kha's attorneys argued that the 10th Amendment to the Constitution effectively prohibits federal interference with California's medical marijuana laws, and the three-justice panel of the 4th District Court of Appeal agreed.
The justices found that because, under state law, Kha was lawfully entitled to possess the marijuana, "due process and fundamental fairness dictate that it be returned to him."
The justices said Kha is "nothing more than an aggrieved citizen who is seeking the return of his property."
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