Judge orders Police to give back Marijuana

A California appeals court has ordered the police in Garden Grove to return marijuana that was seized from a man during a routine traffic stop.

The man, Felix Kha, had a doctor's prescription for the marijuana, which he used for the medical treatment of chronic pain. The judge ruled that enforcement of federal drug laws did not supersede the state's allowance of marijuana for medicinal purposes.

The three-judge panel from the state's Fourth District Court of Appeals cited constitutional principles of federalism and power-sharing between state and national governments in ordering the marijuana returned. California law allows for the prescription and possession of medical marijuana in amounts of less than eight ounces.

Mr. Kha pleaded guilty to running the stop sign and asked the judge for the return of his marijuana. After hearing proof of the authenticity of the doctor's note, he was given permission to retrieve the marijuana from the police department.