CHP TOLD TO RETURN 60 POUNDS OF POT

It Had Been Confiscated From a Motorist Whose Attorney Convinced a
Judge That a State Law Allowed Its Transport.

With the debate on medical marijuana still at a full boil in Los
Angeles, a judge Friday ordered the return of 60 pounds of pot to a
man after his attorneys successfully argued that a state law gave him
the right to transport it.

Saguro Doven, 33, was initially charged with possession of marijuana
for sale and transportation of the drug, a violation of the state's
health and safety code.

The marijuana was bundled in individual bags that were tucked inside
a larger duffel bag when Doven was pulled over on the 101 Freeway by
a California Highway Patrol officer, according to court records.

But defense attorney Glen T. Jonas argued that his client was a
member of a Venice-based medical marijuana collective and that he was
authorized to transport the marijuana. The California attorney
general's guidelines regarding medical marijuana indicate that
collectives are allowed to both grow and transport quantities of
marijuana for its members.

Jonas said the prosecution's expert witness, CHP Sgt. Richard
Fuentes, was unqualified to render an expert opinion in the case
because he lacked the knowledge required to distinguish lawful from
unlawful possession and transportation of marijuana, according to
court records.

Fuentes had testified that only caregivers can transport or carry
large quantities of marijuana. The law, however, states that members
of a collective may transport marijuana on behalf of the group and
are exempt from prosecution.

Los Angeles County Superior Court Judge William Sterling agreed that
the prosecution expert was unqualified and ordered the charge of
possession for sale dismissed.

On Monday, the Los Angeles County district attorney's office asked
that the remaining transportation count be dismissed.

Doven's attorney then asked for the 60 pounds of marijuana to be
returned -- a request that was granted. Doven could have faced a
maximum of four years in state prison if found guilty.

"Although justice was delayed, I am thankful it wasn't denied," Doven said.