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

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.