[420 Girl]

COSTA MESA CA. - A Costa Mesa man is asking the city for the appraised value of 12 medical marijuana plants seized by police in 2007.

Gregory Barnett, 55, alleges in his claim against the city that police destroyed the marijuana, which was ordered to be returned by the court. An attached appraisal with the claim states that the type of cannabis, "Kush," would cost $8,000 to $8,250 per pound.

I'm sorry I'm unable to comment on that matter," Barnett said last week. "It's under litigation at the moment."

The city has returned the Nov. 17 claim, stating it was submitted after a six-month deadline a resident has to file a claim after an incident occurs. The claimant has one year to file one if real property is involved.

The city's attorney did not return phone calls about the case.

In August 2007, police seized 12 marijuana plants growing in Barnett's backyard and freezer bags filled with 155.5 grams of marijuana, according to court documents. Police also seized a shotgun and a slew of illegal fireworks, including bottle rockets and thunder bombs, court records show.

Barnett was arrested and charged with possessing marijuana for sale, cultivating and processing marijuana and possessing dangerous fireworks.

Barnett told police he suffered from medical issues stemming from a spider bite in 2003 and also dealt with a lumbar disc injury, according to court records. He began using marijuana that year, but had grown it starting in 2002 for his wife. The plants in his yard at the time of his arrest were being grown for himself and a friend, also a medical marijuana patient, the records said.

Both Barnett and his friend had letters of written recommendations from doctors and obtained state identification cards in January 2008, according to documents.

At about the same time, Barnett filed a claim for wrongful arrest and infliction of physical and emotional pain following his arrest for allegedly cultivating marijuana, according to the city. The city rejected the claim.

The charges against Barnett were dismissed in October 2008, and the courts ordered the return of property in July 2009.

In September 2008, a court order forced Huntington Beach police to return jars of Jim Spray's medical marijuana and other paraphernalia that had been stored for nearly three year's at the police department.

In August of that year, state Attorney General Jerry Brown developed guidelines for the first time since the passing of the Compassionate Use Act, which was passed in 1996 and allowed people to use medical marijuana in California. The most notable guideline in 2008 upholds the legality of medical marijuana dispensaries that operate as nonprofit cooperatives or collectives.

In addition, the new directive essentially tells law enforcement officials that they cannot take marijuana from medical marijuana patients in the first place and are not allowed to charge them if they are carrying less than 8 ounces.


http://www.420magazine.com/forums/in...marijuana.html