ATTORNEYS IN 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.