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Former Humboldt County Sheriff Dennis Lewis had asked the government to seize the pot from his custody so as to avoid returning it to Giauque. The DEA subsequently obtained a warrant from US District Judge Charles Legge to seize the pot on May 23, 2001 (More background).
US Judge Marilyn Patel ruled that the seizure violated a federal law barring the federal government from seizing property held in concurrent in rem jurisdiction by a state court. She also ruled that the government had wrongly sought the seizure warrant in US Court and should have made its motion through the state courts instead.
"This is a major victory for medical marijuana patients and for state's rights," said Giauque's attorney, Bryce Kenny of Arcata. He said the decision should protect patients who have a state court order for return of their marijuana from federal seizure of their medicine.
Unfortunately, Giauque is not available to celebrate his victory, having disappeared under mysterious circumstances two weeks ago when his pickup truck was found abandoned. His family suspects foul play. Ironicallly, the Humboldt County Sheriff and FBI are investigating.
It is unclear what will happen next to Giauque's marijuana, if it has not been destroyed by the DEA. The government could appeal to the Ninth Circuit to block its return. If not, it should be returned to the Humboldt County Sheriff's Office.
"This marks a major victory for Prop 215," said California NORML Coordinator Dale Gieringer, "We hope and pray Chris returns safe and sound to recover his property."
CONTACT: Attorney Bryce Kenny, (707) 825-6587