American Judges Association


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


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.

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