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Morongo Valley
Felony Cultivation
Return of Property Reply to Opposition 2
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Return of Property Reply to Opposition
May 25, 2004 - page 2

1 grounds on which the warrant was issued, the magistrate must

2 cause [the property] to be restored to the person from whom it

3 was taken."

4 Because defendant's cultivation and possession of marijuana

5 was under California's "Compassionate Use" law, no felony was

6 committed by any particular person.

7 II.

8 Enforcement of "Compassionate Use"
violations of federal law are enjoined
9 in California

10 In County of Santa Cruz v. Ashcroft, 2004 U.S. Dist. LEXIS

11 6880 (U.S. Dist., 2004), decided April 21, 2004, granting a

12 preliminary injunction, the court noted:

13 The Controlled Substances Act ("CSA"), 21 U.S.C. §§ 801, et

14 seq., provides that "except as authorized by this subchapter,

15 it shall be unlawful for any person knowingly or intentionally

16 ... to manufacture, distribute, or dispense, or posses with

17 intent to manufacture, distribute, or dispense, a controlled

18 substance," 21 U.S.C. § 841(a)(1).

19 California's medicinal marijuana statute, the Compassionate

20 Use Act of 1996, was enacted by California voters on November

21 5, 1996 when they passed Proposition 215. See Cal. Health &

22 Safety Code § 11362.5.
The statute creates an exemption from

23 state laws that prohibit the cultivation and use of marijuana;

24 it permits patients and their primary caregivers to posses and

25 cultivate marijuana for personal medicinal use upon a physi-

26 cian's recommendation or approval. Id. § 11362.5(d). Addition-

27 ally, the California legislature has enacted a provision creat-

Page 2 of 7
Defendant's Reply to Oppoosition to Motion for Return of Property



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