Jim Blair
Emeryville patient James Blair had his medicine and his cultivation
equipment seized by Emeryville Police Department in December 2003. Police
confiscated Blair's 30 full-grown plants, yet his criminal case resulted in a
dismissal of all charges. On 4/20/04,
an Alameda Superior Court judge issued a court order for the return of Blair's
property. After being denied his property by Emeryville PD, Blair, with ASA's
help, threatened contempt of court. Emeryville PD eventually capitulated and
agreed to return some of Blair's property. However, due to an alleged burglary of
an evidence locker, Emeryville's Police Chief was compelled to write Blair a
letter in June 2004 that many of his items were "no longer in our
possession." The "stolen" items included most of Blair's
cultivation equipment and most of his medical marijuana.
ASA is representing Blair in filing a civil suit against the City of Emeryville
and Emeryville Police Department for damages resulting from his wrongful search
and seizure. ASA is using the Bane Civil Rights Act to seek triple damages for
Blair and attorneys fees for the organization.
On April 11, 2006, the
City of Emeryville settled, and
agreed to pay $15,000 to Blair for seizing his medical marijuana and
cultivation equipment. Emeryvlle now enforces a policy of not confiscating
medical marijuana from qualified patients who show a valid ID card or doctor's
recommendation.
