SACRAMENTO (CBS13) – Deputies returned seized marijuana to a Sacramento dispensary Friday after a court ordered that the plants had been improperly seized.

The Sacramento County Sheriff’s Department and code enforcement officers confiscated two pounds of marijuana from the Common Roots Collective during a December 1 inspection, but the dispensary’s attorney argued that the seizure violated federal law since authorities entered the property on an inspection order and not a search warrant.

Three weeks later, the court ruled in the dispensary’s favor.

“The police are being kind enough to return it to us before Christmas,” according to attorney John Fuery.

Sacramento Sheriff’s spokesman Deputy Jason Ramos said the department believes they acted lawfully when they seized the pot, but said they “had no problem complying with the terms of the order” and didn’t plan to appeal the court’s decision.

The dispensary said they believe they’re operating legally under California law, despite a recent federal crackdown, and plan to fight any future legal action in court.

Comments (13)
  1. hionthemountain says:

    Handing back that pot must had frosted their balls . . . 😦

  2. Very Serious Here. says:

    That’s one WIN…..

    Now, if the Feds would just back off…..

    I want to get a card, and medically I can. But, am afraid of being harassed by the police, when leaving a shop…

    So I continue to get it in back alleys, and dark corners, and pray that I don’t get stopped on the way home…

    I heard that they have better ways to manage pain, and I would like to learn, but I don’t want to put the money out if the Feds are going to just close them down anyway…

    Are some of them going to remain open???
    What about the other States??? Are they having any trouble with their Medical Marijuana Shops???

    1. 215medical Patients says:

      Call 510-421-6179 if you want to be a patient.

  3. sherri says:

    They knew they were wrong and this fight is in no way over. Not now, and not until it’s legalized and made safe for all patients.
    @Veryserioushere there are dispensaries still open within Sacramento city limits. Please get assistance from the Americans for Safe Access Northern California website.

  4. Thank you sherri. says:

    Sherri,

    Thank you very much. I hope they can direct me to a Physician that does not mind prescribing Medical Marijuana, and fix me up with a card. My own Doctor does not believe in the Medical advantages that it had to help me with my pain..

    I know that smoking does help, but want to see if there are better ways of managing my pain other than smoking it too.

    Thank you for the info.

    Merry Christmas to Everyone.

    1. Will says:

      I would love to see a story on how much that action by UNINFORMED officers costs us tax payers. They are always talking about their budget woes then they go and waste, in my estimation over $2000 on that blunder alone, and that’s just the one that I KNOW about and I understand this is a campaign of the Sheriffs Dept. one of those a month is $24,000/year. Disgusting.

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