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The City of Garden Grove v. Kha

157 Cal. App. 4th 355 (2007)

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The City of Garden Grove v. Kha

California Court of Appeal
157 Cal. App. 4th 355 (2007)

  • Written by Patrick Speice, JD

Facts

Police officers working for the City of Garden Grove, California (Garden Grove) (plaintiff), seized marijuana from Felix Kha (defendant) during a routine traffic stop. Kha filed a motion to recover the marijuana after the city declined to prosecute Kha for any marijuana-related offenses because Kha was an authorized medical-marijuana user. The trial court ordered the Garden Grove police department to return the marijuana to Kha, and Garden Grove asked the California Court of Appeal for a writ of mandate overturning the trial court’s order. Garden Grove argued that returning the marijuana to Kha would constitute or facilitate a violation of the federal Controlled Substance Act (CSA), which strictly prohibited possession and distribution of marijuana, and that state laws requiring the marijuana to be returned were preempted by the CSA.

Rule of Law

Issue

Holding and Reasoning (Bedsworth, J.)

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Casebooks

Marijuana Law

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