SANTA CRUZ, Calif.(AP) A judge ordered police to return marijuana to the two men it was confiscated from.
Police pulled over Leo Beus on Sept. 22 because his car had tinted windows. Beus, 47, and his friend, Jon Balesteri, 54, had purchased 18 ounces of marijuana a day earlier at the Oakland Cannabis Buyers Club, said their attorney, Ben Rice.
They didn't have their medical prescriptions with them, but police allowed them to go home and retrieve them, Beus said. However, their $3,000-plus worth of marijuana was confiscated for evidence.
Beus and Balesteri were charged with transporting and possessing marijuana for sale, but the charges were later dropped.
California allows people to grow, smoke or use medical marijuana with a doctor's recommendation.
Rice said Superior Court Judge Art Danner ordered the pot returned because of the December federal appeals court ruling that a congressional act outlawing marijuana can not apply in states with such laws.