Santa Cruz judge frees medical-marijuana patient, returns pot

SANTA CRUZ, Calif. (AP) A judge threw out two felony charges against a Santa Cruz man after he proved he had a doctor's recommendation to use medical marijuana and order police to return his pot.

Santa Cruz Superior Court Judge Kathleen Akao Wednesday freed Greg Brown after his lawyer, Ben Rice of Santa Cruz, proved he had a valid recommendation from his doctor to use medical marijuana.

Brown was arrested March 15 after police found 52 marijuana plants and several ounces of dried marijuana at his house.

Rice said Brown's doctor written recommendation had expired when he was arrested but that he had an oral recommendation from the same doctor.

Akao agreed with Rice's motion to dismiss the charges and also ordered seven ounces of dried pot confiscated during Brown's arrest to be returned.

Community members in Santa Cruz have repeatedly supported medical marijuana. In 1992, 77 percent of Santa Cruz voters approved a measure ending the prohibition of medical marijuana. Four years later, state voters approved Proposition 215, allowing marijuana for medicinal purposes. And in 2000, the city council approved an ordinance allowing medical marijuana to be grown and used without a prescription.

Two weeks ago, calling Santa Cruz a ``sanctuary'' from federal authorities, more than 1,000 medical marijuana advocates joined by city leaders passed out pot to about a dozen sick and dying patients at City Hall.

(Copyright 2002 by The Associated Press. All Rights Reserved.)