MARIJUANA USER WANTS PLANTS BACK

HESPERIA -- A medical marijuana grower and user who had his plants
confiscated by authorities is taking the issue to court to get them back.

San Bernardino sheriff's deputies confiscated Wayne Hobbs' 162 plants in
July after responding to a burglar alarm at his house. Hobbs, a
quadriplegic, was placed in custody but allowed to remain at his home
because of his medical condition.

Although prosecutors have declined to file charges, the sheriff's
department has refused to return the plants even though they are ruined.

Earlier this month, Hobbs and his attorney, John Duran, made a plea to
Victorville Superior Court Judge Jules Fleuret. Fleuret has about 80 days
left to make a ruling.

Hobbs and Duran said they are just trying to make a point. Under the law,
Hobbs, 30, is entitled to the plants.

Hobbs' use of the drug falls under Proposition 215 because he grows and
uses it for medical purposes to relieve pain and to increase his appetite,
he said. According to a statement written by his physician, Dr. William
Eidelman, if Hobbs did not smoke the drug, his health would suffer
"imminent harm."

While sheriff's deputies agree that Hobbs's case falls under the law, they
don't agree with the quantity of plants he was growing.

"His garden fits the mold of growing it for other people," said Detective
Mike Wirtz, who heads the San Bernardino County marijuana suppression program.

In February 1998, Hobbs fractured his spine during a snowboarding accident
at Snow Summit.

He has five caretakers, and because he is bed-ridden and doesn't have use
of his arms, he designated two of them as growers, which the law allows.