JUDGE ORDERS RETURN OF POT PLANTS TO MEDICAL MARIJUANA USER

VENTURA -(AP)- A man who had 22 marijuana plants seized from his home by
police in June won a legal battle and will get his small crop back.

On Thursday, a judge ordered the Police Department to release the plants to
medical marijuana user Mike Loftus. The bad news for Loftus is that the
plants are dead. He did not seem to mind about the condition of the plants.
He was more excited about scoring a legal victory.

"It is a matter of principle," Loftus said. "We have to stand up for our
rights."

Loftus, 32, was arrested June 30 after police officers investigating a
report of illegal marijuana cultivation stopped by his home.

He showed officers a doctor's note that said he could use marijuana for
treatment of Meniere's disease, an inner-ear disorder that can cause vertigo
and nausea. He was arrested and charged with one felony count of illegal
cultivation of marijuana.

Loftus thought he was covered by Proposition 215 that allows people with
serious diseases to use and cultivate marijuana for medical purposes.
However, the law has had legal challenges because it does not set limits on
usage amounts.

The case against Loftus was dropped in August after prosecutors determined
that he qualified under the medical marijuana law.

Loftus filed a motion seeking the return of his plants after the charge was
dropped.

On Thursday, Superior Court Judge Charles McGrath said that the city had no
right to keep the plants and ordered them returned.