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Getting His Stash Back.
Usually people go to court to fight a drug rap. But
one California man is going to court to get his drugs back.
Michael Celli, 42, who had a pound of medicinal marijuana seized by
police, says he needs it to ease chronic migraine headaches.
Celli had hoped to receive his stash back after a judge ordered Chowchilla
police to return it, citing a 1996 California referendum legalizing
marijuana for medicinal use.
But Police Chief John Robinson called the Drug Enforcement Agency instead.
The freezer bag full of pot will remain in an evidence locker until
federal agents pick it up.
"It was suggested by the district attorney's office to confer with the DEA,"
said Robinson. "If I release it to (Celli), I can be arrested for a
felony, which is trafficking and distributing."
Celli, while being issued a citation for illegal parking April 25, 2003,
was booked on suspicion of drug possession with intent to sell . He said
an officer laughed when he showed a card to prove he had medical reasons
for using marijuana.
Robinson said Celli had "one of these cards you can buy on the street
corner in San Francisco," not a doctor's prescription as mandated by state
law.
Robinson also said he's following a 2001 U.S. Supreme Court decision that
declared the state medical marijuana statute does not take precedence over
federal drug laws.
Source: FindLaw.com, AP, "Man Goes to Court to Get His Drugs Back," July
9, 2003.
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