JUDGE ORDERS MAN'S POT RETURNED

EUREKA - Judge Bruce Watson has ordered the Humboldt County Sheriff's
Department to return medical marijuana to Chris Robert Giaque.

Police seized Giaque's marijuana during a traffic stop in Garberville in
April 1999 though he had a card identifying him as a medical marijuana
patient under state Proposition 215. He was arrested for transportation of
marijuana, and -- after protesting -- for disturbing the peace and
resisting arrest.

Watson ruled that federal law does not pre-empt California voters from
approving medical use of marijuana. Under Proposition 215, he said, "some
level of transportation must be contemplated." Defense attorney Russ
Clanton said Giaque suffers from "physical disabilities."