STUDENT'S MEDICINAL POT RETURNED AS CASE DROPPED

A judge returned 27 grams of marijuana, confiscated during a traffic stop,
to a university student who uses the drug for medicinal purposes.

Sonoma County Superior Court Judge Elliot Daum returned the marijuana
Wednesday to Ross Benbrook after prosecutors dropped a charge of possession
of marijuana Monday.

Benbrook, 23, a senior at Sonoma State University, has traumatic arthritis
and scoliosis and carries a physician's statement explaining that he uses
marijuana for medicinal purposes.

He was carrying that note when he was stopped Oct. 14 by Rohnert Park
police for a traffic violation. Police discovered the marijuana and
confiscated it.

An investigation showed the doctor's note was valid, leading the Sonoma
County District Attorney's Office to drop the possession charge.

"I've got mixed feelings,'' Benbrook said. "I'm happy I got my medicine back.''

But, he said, the marijuana was improperly stored, causing it to lose some
of its medicinal value.

He's also upset that he wasted time and money defending himself when he
thought he had the proper paperwork and was obeying the law.

"I don't blame law enforcement,'' he said. "It's the county and state's
responsibility to set procedures.''

Sonoma County District Attorney Mike Mullins agrees. "This statute needs
some clarity. It's ambiguous and it's vague.''