El Dorado County Patient gets case dismissed and is granted court order to return his medicine

Matt Vaughn of the Medical Marijuana Caregivers Association of El Dorado County was pulled over by CHP on June 5, 2005 in Glenn County. Matt's pipe and 36 grams of his medicine was confiscated by CHP, ignoring his status as a patient. Matt was also charged with possession.

With the help of Americans for Safe Access, Matt downloaded a motion to dismiss from our web site's legal brief bank (the motion was drafted by attorney Omar Figueroa). Matt also downloaded ASA's template motion for return of property. Revising them slightly to fit his facts, Matt took both motions to court. On November 9, 2005, Matt's motion to dismiss was granted in Glenn County Superior Court. At the same time, his motion for return of property was granted, and a court order was issued for Matt to take to the CHP.

The same day, the CHP returned Matt's illegally confiscated medicine and pipe. This victory for Matt and the medical marijuana movement is emblematic of what we have accomplished and the groundwork we have laid in the protection of patient rights. Two months after Matt was stopped by CHP, the top law enforcement agency in the state responded to a lawsuit filed by ASA and revised its policy on medical marijuana.

These victories are the result of hard work and perseverance and they will continue to occur with your help! NOTE: We have still been receiving reports of CHP violating state law, despite their change in policy. ASA's lawsuit is not yet settled and will remain active until we obtain a consent decree from the court or until the CHP upholds state law.

-- Kris Hermes Legal Campaign Director Americans for Safe Access
www.SafeAccessNow.org
1322 Webster Street, Suite 208 Oakland, CA 94612
Phone: 510-251-1856 x307 Fax: 510-251-2036
Email: kris@SafeAccessNow.org

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