Sheriff Returns Pot

After Federal Magistrate Refuses To Sign Warrant, Hill Says "Uncle"

Jack Campo, kneeling, counts the 11 grams of medicinal marijuana handed to
him by Investigator Dennis Stafford, as District Attorney Investigator
Richard Boomer, left, and Public Defender Greg LaForge look on outside of
the courtroom Monday.

Sheriff Curtis Hill relinquished 11 grams of medicinal marijuana belonging
to a terminally ill Hollister man Monday, hours before Judge Steve Sanders
was poised to cite the lawman for contempt of court.

Hill then let his true thoughts about the issue be known.

"You need to understand something," said the sheriff. "I hope they legalize
medical marijuana, and I hope the federal government puts its foot down one
way or another."

Two weeks ago, Hill said that he would not return Jack Campo's pot after
UNET agents busted the man and his roommates last January during a drug
raid at their rented home on Hilltop Road. Because the 50-year-old Campo
had a Stanford doctor's letter explaining his condition and that symptoms
are relieved by smoking marijuana, the drug case against Campo was
dismissed. Sanders then ordered that the sheriff return the medical marijuana.

But Hill refused, pitting federal law against state law. Under California's
Proposition 215, medically qualified patients are allowed to possess small
amounts of pot. Under federal law, possession of any amount of marijuana is
illegal.

Hill turned the case over to the federal Drug Enforcement Agency, which
drew up two federal seizure warrants and presented them to two federal
magistrates. Neither of the judges would sign them.

"The message was clear," said Hill. "That wasn't a battle they wanted to be
a part of. And that's not a battle I need to be fighting."

In a crowded court hearing Monday, Campo's lawyer, Public Defender Greg
LaForge, told Sanders that the issue was settled.

"I've just been informed that the right thing is going to be done," said
LaForge. "My client's medicine will be returned today."

Outside the courtroom, Campo opened and inspected a brown paper bag that
District Attorney investigator Richard Boomer had handed him. It contained
the 11 grams of marijuana that was seized from Campo more than three months
ago - the same weed that helps the ailing man keep down 1,300 prescription
pills a month, according to LaForge.

Campo also was to reclaim his Oakland Cannabis Buyer's Club Card on
Tuesday, when UNET agents were scheduled to bring it to LaForge. Without
the card, said LaForge, his client would be forced to illegally buy a
poorer quality of marijuana off the street.

"My client's not a drug dealer," said LaForge outside the courtroom.
"Fortunately, justice was done. But it should have happened back in
February," when the marijuana was first ordered returned to Campo.

LaForge said that although his client was glad to get his pot back, he is
still afraid that a bust will come down on him at any turn.

"Until law enforcement gets on the same page," said LaForge, "individuals
like my client will always fear this."

It appears that Hill agrees with LaForge.

"I found out they (the federal government) didn't have zero tolerance on
it," said the sheriff. "Two fed magistrates weren't prepared to sign (the
seizure warrants).

That's a clear message it won't be enforced and that's fine. I hope they
legalize compassionate use and take law enforcement out of it. Our job is
to enforce the law. I found out our federal government is not interested in
it."