SR police refusing court order to return pot

Marijuana deemed medicinal under state law, but federal law prevents police from dispensing
By JEREMY HAY
THE PRESS DEMOCRAT

In the latest skirmish across the confused terrain of medicinal marijuana law, Santa Rosa police are
refusing a judge's order to return a large amount of marijuana seized by detectives. The facts are these:

Shashon Jenkins was growing marijuana and selling it. Santa Rosa police arrested him and took the marijuana. A judge said there was evidence enough to try him. But  then Jenkins' attorney produced evidence he was a medical marijuana user and caregiver.
 
Deputy District Attorney Scott Jamar agreed in court and he dropped the case. And from Sonoma County Judge Lawrence Antolini came this: "It is hereby ordered that all items seized on October 16, 2006, by members of the Santa Rosa Police Department, including marijuana, be returned forthwith" to Jenkins.
 
But police said no.  "We're not a dispensary, we're not going to give out marijuana," Police Sgt. Eric Litchfield, who supervises the detectives who arrested Jenkins, said in an interview.

Antolini has ordered police back to court March 6 to explain why they shouldn't be held in contempt of court for disobeying his order.  Litchfield said Jenkins has "always been very civil and polite," but federal law, which doesn't recognize  medical marijuana use, prohibits him from returning Jenkins' cannabis, about 18 pounds worth.

"It's illegal," Litchfield said. "We've never given  marijuana back."

So, eighteen pounds is a lot of medicine in today's world. And maybe there are other issues and the Federales are just a smokescreen or a convenient fallback. For myself, I'd be disinclined to give all that back to one person. Seems like it would be sensible, and just, however, to give it to Sonoma County or NorthBay dispensaries who could collectively decide what they'd like to return to the Mr. Jenkins for his support.