Court Review: Volume 44, Issue 3 – Roadside Seizures of Medical Marijuana: Public Safety and Public Policy as Limitations upon Transporting and the Return of Lawfully Seized Medical Marijuana

Authors

• Cameron Mostaghim, Western State University College of Law in Fullerton, California

Date of this Version

2007

Document Type

Article

Comments

Published in Court Review: The Journal of the American Judges Association, 44:3. Copyright © 2007-2008 National Center for State Courts. Used by permission.

Abstract

In November 2007, a California Court of Appeal issued a decision in Garden Grove v. Superior Court that requires local police officers to return medical marijuana to a qualified patient, despite a lawful search and seizure subsequent to a moving motor vehicle violation. The effect of this ruling, in at least some instances, will be to place marijuana back into the hands of a person who is a risk to public safety while driving under the influence or is engaged in the “diversion” of medical marijuana through unlawful transporting.