Garden Grove patient Felix Kha
was pulled over by local police on June
10, 2005 for not making a full stop. The police searched Kha’s
vehicle without consent and found his approximately 8 grams of medical
marijuana. Kha proceeded to show the GGPD officers his doctor’s recommendation,
which was met with the response that the then-recent [U.S. Supreme Court] Raich decision made medical marijuana
illegal. Kha’s case was dismissed in August 2005, and he immediately asked for
the return of his medical marijuana. The next day, Kha obtained a court order
for return of property from the Orange County Superior Court. However, when Kha
attempted to get his 8 grams back from GGPD, they refused. ASA intervened and
wrote two letters to the City of Garden Grove
on Kha’s behalf, demanding that it relinquish property that was rightfully his.
letter to the City of Garden Grove threatened contempt proceedings.
On October 31, 2005, in
an unprecedented move, the City of Garden
Grove appealed the Orange County Superior Court ruling to return Kha’s
marijuana, filing in the Court of Appeal for the Fourth Appellate District. Then on January 7,
2006, ASA filed an informal opposition on behalf of Kha, who is the real
party in interest. Of particular note, California Attorney General (AG) Bill
Lockyer filed an amicus (friend
of the court) brief on November 1,
2006 in support of Kha and the return of his property. On December 19, 2006, the California Police Chiefs Association filed an amicus brief in support of the City of Garden Grove.
In a momentous ruling, on November 28, 2007, the Fourth Appellate District issued a unanimous
41-page published decision vindicating the rights of medical marijuana
patients in no uncertain terms. On March 19, 2008, the California Supreme Court denied the City of Garden Grove's Petition for Review, as well as a request for depublication.