[420 Girl]

A Tulare County Superior Court judge today ordered the return of all marijuana confiscated from a medical marijuana user who was found not guilty of growing and selling the drug.

The decision by Judge Darryl Ferguson means Richard Daleman, 61, will get back all 12 pounds of the marijuana confiscated when he was arrested in December by Tulare County sheriff’s deputies.

After Daleman’s trial ended in late March, Ferguson said the Sheriff’s Department should return up to 6 pounds — the amount recommended by Daleman's physician.

Daleman acknowledged that his doctor’s recommendation says he can possess up to 6 pounds of medical marijuana, but he said that’s 6 “processed” pounds — minus the parts that he doesn’t use — because he doesn’t smoke the drug.

Ferguson cited similar court cases in ruling today that all marijuana “reasonably related" to Daleman's medical needs should be returned to him.


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