http://www.boston.com/dailynews/143/nation/Federal_judge_seizes_Calif_man:.shtml

Federal judge seizes Calif. man's medical marijuana at government's request

By David Kravets, Associated Press, 5/23/2001 22:56

SAN FRANCISCO (AP) A federal judge refused to return an ounce of cannabis to a California man Wednesday, saying the forfeiture was prompted by the recent U.S. Supreme Court ruling against medical marijuana.

It is believed to be one of the first forfeitures since the nation's highest court ruled last week that sick and dying patients cannot claim a medical necessity defense to marijuana possession laws.

Under California law, Christopher Giauque had a doctor's recommendation to smoke marijuana to relieve chronic back pain. Two years ago, county law officers seized his marijuana but no drug-related charges were filed.

A county judge ordered Sheriff Dennis Lewis to return the marijuana, but he refused. A judge ordered Lewis held in contempt of court, and he sued the federal government, asking it to intervene on his behalf.

At the federal government's request, U.S. District Court Judge Charles Legge on Wednesday ordered the marijuana forfeited.

Giauque's attorney, J. Bryce Kenny, said he would ask the judge to reconsider his decision.

Mark T. Quinlivan, the Justice Department's main lawyer in the case before the Supreme Court, argued for the seizure of Giauque's marijuana. But he declined to say whether the case indicated that the Bush administration would crack down on medical marijuana use.

Quinlivan said the judge's decision was correct in light of the high court's ruling.

''You presume a U.S. district judge is aware of the current state of the law,'' he said after the brief hearing.

Some medical marijuana users say the marijuana eases their pain from cancer, AIDS or other illnesses, and reduces the effects of glaucoma and other conditions.

Voters in Arizona, Alaska, California, Colorado, Maine, Nevada, Oregon and Washington have approved ballot initiatives allowing the use of medical marijuana. In Hawaii, the governor signed such legislation last year.

-- Anonymous, May 24, 2001