MARIJUANA ADVOCATE WINS $800 AWARD

Nearly two years ago, medical marijuana advocate Sam Matthews set out
to prove he was on the right side of the law in his battle with the
city over his seized marijuana buds.

He was vindicated Monday and awarded $800.

Merced County Superior Court Judge Ron Hansen ruled that Matthews
deserved $300 as compensation for the 26.5 grams of marijuana
confiscated by Merced police and an additional $500 for the pain and
suffering for the time he went without his medicine. Matthews had
first sought $7,500.

"It's not about the money," the 26-year-old explained. "It's the
self- satisfaction that I stood up for what I believe. It's the law
in California, and it's my right."

Merced city spokesman Mike Conway said the judge ruled that the city
followed the law, but awarded Matthew's the money in the interest of justice.

Between Matthews filing his October 2006 claim against the city and
the hearing, a three-justice panel from the state's 4th District
Court of Appeals ruled that police must return seized medical marijuana.

"We respect his (Hansen's) decision," Conway said. "We plan on
following the law. We will also follow any judge's order."

The decision marks the end of Matthews' long, strange trip through
the court system, which he often characterized as a David-versus-Goliath clash.

The case transformed the Merced College student studying heating and
air conditioning into a pseudo-legal scholar who tossed out Latin
legal phrases like "res judicata" and "ex parte" when discussing his battle.

Matthews apologized for his cocky and combative nature that marked
the first year of his battle and said he believes people hold the
wrong image of him.

"I'm not some burned-out stupid pothead like people think I am," said
Matthews, adding that he doesn't smoke in front of his 9-month-old
daughter. "I was really angry. It hurt my feelings -- the way (the
city) treated me."

Matthews sued the city asking that it return two fistfuls of medical
marijuana seized in October 2006 after officers found him smoking in
his parents' garage to alleviate the pain from scoliosis and a left
leg that's shorter than his right one.

At the time, he carried an Alameda County medical marijuana card.

It was before Merced County had begun issuing them.

The case fell into the sticky contradictions between state and
federal drug laws, with the city arguing at the time that it couldn't
return the weed and compensating Matthews would be tantamount to
buying the drug with taxpayer money.

Californians had approved Proposition 215, legalizing the use of
marijuana for medical ailments, in 1996.

Federal law keeps it illegal even if it's for medicinal purposes.

Matthews filed a claim against Merced in August 2007 demanding his
pot be returned and asking for $7,500 in pain and suffering.

A small claims judge awarded him $1,700, a decision the city
appealed, which resulted in the most recent ruling.

In a separate, but related, case, Superior Court Judge Carol Ash
dismissed criminal charges against Matthews in May 2007 and also told
police to return his pot.

Three weeks later, the city asked for a reconsideration, and Ash
reversed her decision. The police destroyed the marijuana immediately.

Matthews testified in court about his ordeal. His attorney, George
Alonso, used local medical marijuana advocate Grant Wilson as an
expert witness about the 1996 proposition.

The city won't be able to pay Matthews until the case file is updated
to include the ruling.

As for what Matthews plans to do with his victory check? Maybe take
his wife and daughter to Disneyland this summer.

There's always the Alice in Wonderland ride that features, among
other thrills, the caterpillar.

He -- at least in Lewis Carroll's original -- smoked a hookah.