San Francisco AIDS survivor and medical marijuana patient Ben Goldstein was
robbed of approximately 7 ounces of marijuana from him home on December 19, 2005. The SFPD soon after
apprehended the robber, but refused to charge him. However, despite recovering
all of the stolen marijuana, the SFPD refused to return it to Goldstein,
forcing him to file a motion for
return of property on August 16,
2006. ASA represented Goldstein for his motion hearing in San
Francisco Superior Court, but the court denied the motion, citing Chavez v.
On November 20, 2006,
ASA filed a petition
for writ of mandate with the California Court of Appeal on Goldstein's
behalf, challenging the denial of his motion for return of property.After the California Attorney General filed
an amicus letter supporting Goldstein's position, the First Appellate District requested
formal briefing. The Drug Policy Alliance authored an amicus brief on behalf of the National Association of People
Living With AIDS (NAPWA), the San Francisco AIDS Legal Referral Panel (ALRP),
and the Community HIV/AIDS Mobilization Project (CHAMP), which was filed on January 31, 2007.
The Court of Appeal denied the writ on technical
grounds without prejudice to its refilling.