ATTORNEYS IN HUMBOLDT POT DISPUTE DISAGREE ON DECISION

EUREKA -- The U.S. Supreme Court's decision classifying marijuana as
illegal evoked different reactions from the attorneys involved in the
dispute between Humboldt County Sheriff Dennis Lewis and a Salmon
Creek man over an ounce of marijuana.

The two sides are set to meet May 25 at the federal District Court in
San Francisco.

"It has no effect at all on our case," said J. Bryce Kenny, the Arcata
attorney representing medical marijuana patient Chris Robert Giauque.
About an ounce of marijuana was seized from Giauque during a traffic
stop two years ago.

William Mitchell, of Mitchell, Brisso, Delaney and Vrieze, the Eureka
firm representing the county, said his firm will ask Humboldt County
Superior Court Judge Bruce Watson to reconsider his contempt order
against Lewis in light of the high court's decision.

Lewis was found in contempt last month for refusing Watson's order on
Jan. 18 to return the marijuana. His attorneys then filed a complaint
with the federal District Court in San Francisco on grounds that Lewis
would violate federal law by giving the pot back.

The Sheriff's attorneys argue that the decision directly addressed the
issue because giving the pot back would technically be
distribution.

Kenny said his client should still get the pot back because the
decision applies only to manufacture and distribution of marijuana,
not to use. State law only conflicts on the issues of growing and
distributing.

"(The decision) leaves us with plenty to fight about," he
said.