[420 Girl]

A Costa Mesa man has filed a claim for $5 million with the city of Costa Mesa, alleging the city's police department unlawfully arrested him, raided his home and confiscated his medicinal marijuana. Gregory J. Barnett, 53, filed a claim alleging "false arrest, willful infliction of emotional distress, perjury, making false statements to obtain a search warrant, destruction of property, loss of earnings, theft of property and defamation" stemming from the Aug. 10 search of his home.

He also claims several ounces of marijuana seized by police were neither listed on his property receipt nor returned to him, along with 15 Temazepam pills for Barnett's insomnia that he said went missing from Barnett's home after the raid. "This is nothing but armed robbery," Barnett said. "Completely unjustifiable."

A claim is a precursor to a lawsuit. If the city rejects the claim, Barnett could then sue. City Atty. Kimberly Hall Barlow said the case was "without merit," but declined any further comment.

Barnett is prescribed marijuana to ease pain and nausea associated with his chemotherapy treatment for necrotizing fasciitis, a debilitating skin disease he contracted from a spider bite.

California's 1996 "Compassionate Use Act" exempts patients or caregivers who cultivate or use marijuana for medicinal purposes from laws that prohibit its use, though any use of marijuana has remained prohibited by federal law since the 1937 Marijuana Tax Act.

The state does not have to enforce federal law, but it can, Whittier Law professor David Treiman said. Charges against Barnett for the cultivation and possession of marijuana have not yet been pursued by the county.

"State law doesn't cancel out federal law -- the federal law is the law in California," he said. "The question is: Are local officials going to enforce it? To my knowledge, that's an open issue."

Medicinal marijuana recipients can now receive identification cards from Orange County that provides official documentation of their legal status, though the program began after the August raid on Barnett's home, said Donna Fleming, Orange County Public Health Operations chief.

Barnett possesses a "physician's statement," which is tantamount to the card, she said.

Costa Mesa Sgt. Bryan Glass said there have been cases when patients take advantage of the law, cultivating marijuana for themselves and selling it on the side.

"Occasionally, people have a prescription and grow their own, and grow over what is permitted [by the law]," he said. No evidence to this effect, such as baggies, scales or records of sales was taken into custody by police, according to the police report.

Barnett used his physician's statement from Dr. Michael Gitter to dispel police concerns in 2001, when they noticed his backyard marijuana plants during an unrelated vandalism call. That, Barnett said, makes the case all the more egregious. "I think they should all be fired," Barnett said. "This incident should chill everyone to the bone."

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