SHERIFF DEFIES ORDER TO RETURN POT

EUREKA - Humboldt County Sheriff Dennis Lewis refuses to obey a court order
to return medical marijuana seized two years ago from a Garberville man.

"My position is that a state judge cannot order me to violate a federal
law," Lewis said Thursday. "And that's the basis we're proceeding on."

Superior Court Judge Bruce Watson ordered the Sheriff's Department in
January to give the ounce of marijuana back to Chris Robert Giaque.

Giaque is a medical marijuana patient whose stash was seized during a
traffic stop in April 1999.

When Giaque went to pick up his marijuana earlier this month, attorney Russ
Clanton said, the Sheriff's Department refused to give it back. Clanton
wants Lewis to be held in contempt of court.

Lewis noted that the issue of state vs. federal marijuana law is "currently
. . . before the federal Supreme Court. Hopefully we'll get some court
clarification on this."

From Union-Tribune news services