Judge backs destroying medical pot

A judge said Tuesday that he will order the destruction of 19 pounds of pot seized by Santa Rosa police in a criminal case that was dropped because the owner was a verified medical marijuana user.

Judge Lawrence Antolini, who had ordered the pot returned in December, gave Shashon Jenkins of Sonoma 30 days to appeal the ruling.

The case has proceeded in fits and starts since Jenkins' arrest in October and the dismissal of marijuana cultivation and possession charges in December. During that hearing, Antolini ordered the return of all property, including the marijuana, seized from Jenkins.

Santa Rosa police refused to return the pot, saying it would violate federal law. The issue has since bounced back and forth in several court hearings.

On Tuesday, Antolini rejected a request from Jenkins' attorney for more time to make his case to get the pot back.

Jenkins, 26, has testified that he uses marijuana to relieve chronic pain and grows it for several clients who also use it under a doctor's authorization.

The Lake County physician who approved medical marijuana prescriptions for Jenkins and his clients submitted incomplete medical records in response to a subpoena by Jenkins' attorney, Amy Chapman.

During the hearing Tuesday, it was determined that Dr. Milan Hopkins gives the original medical marijuana recommendation to the patient and his office doesn't keep copies, Chapman said. Only official business records could be admitted in court.

Chapman asked Antolini for another hearing to bring Hopkins in to testify that Jenkins had a valid use for the drug.

Assistant City Attorney Mike Casey objected, saying that earlier inquiries could have been made to get the necessary documentation for Tuesday's hearing. He asked the judge to sign the order authorizing the pot's destruction.

"Mr. Jenkins should have the ability to prove it is lawful," Chapman said.

"The court believes he has had that opportunity," Antolini said, adding that he would sign the order to destroy the pot after Jenkins has had time to decide if he wants to appeal.

At issue in Jenkins' case, and at least one other in Sonoma County courts, is whether the property in question was lawfully possessed when it was seized by law enforcement. Typically when a case is dismissed, legal property taken during an investigation is returned.

But in marijuana cases -- even if charges were never filed or were dismissed based on a medical authorization -- police have refused to return the property. They argue that returning it would violate federal law, which doesn't recognize any legal use for marijuana.

You can reach Staff Writer Lori A. Carter at 568-5312 or lori.carter@pressdemocrat.com.