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By SCOTT JASON
sjason@mercedsun-star.com

Sam Matthews doesn't mind blowing a sweet, thick cloud of marijuana
smoke in the city's face.

The 25-year-old resident has challenged just about every city official
to get the police to return two handfuls of medical marijuana.

The battle over the buds began 10 months ago when he was handcuffed by
police and his stash was bagged as evidence.

Matthews has taken his fight to court, where he's suing the city and
police for damages and asking that they return the 26.5 grams of marijuana.

"I ain't scared of them," he bragged before taking a 15-second hit off
his glass pipe. "Bring it on."

Matthews, one of four residents with a Merced County medical pot card,
is mired in the dopey contradictions between state and federal law over the
use of medical marijuana.

The Merced College student believes his pot - still sitting in a
police evidence locker - should be returned. City lawyers argue that giving
it back would violate federal law, which still considers marijuana, medical
or not, illegal.

His latest legal maneuver has been to sue the city and police
department in Merced County Small Claims Court for $7,500 in damages
stemming from being handcuffed and having his stash seized. "I didn't start
the war," he proclaimed. "They did."

A hit from the system

A worn file folder filled with handwritten testimonies and photocopied
court orders provides a blow-by-blow of Matthews' case, which began at 10:30
p.m. last Oct. 4.

Matthews said he spent the day helping his bed-bound parents - each
weighs around 400 pounds - around their Loughborough Drive home. His back
stung because of his scoliosis, and his knees ached since his right leg is
about an inch-and-a-half longer than the left.

Inside the garage, he "medicated," or smoked pot to relieve the pain,
he recalled.

Meantime, three officers outside on bike patrol noticed Matthews and
his friends leaving the garage and thought they lived inside, according to
the police citation.

Officer Brian Rodriguez smelled marijuana on Matthews, who admitted
having the drug with him - along with his Alameda County pot card and a
doctor's recommendation.

Nonetheless, Matthews was handcuffed and driven downtown, where he was
interviewed and cited for possessing about $300 worth of pot.

His court case slowly weaved its way through the system until
Commissioner Carol Ash - now a judge - dismissed the charges in May,
ordering that the pot be returned.

Three weeks later, the city convinced Ash to reverse her decision and
allow the police to destroy the marijuana. Matthews said he wasn't notified
of the hearing and decided to pursue remedies in Small Claims Court. The
court will hear his arguments Aug. 17.

At the same time, Matthews filed a $7,500 complaint with the city
seeking damages for pain and suffering since he was without his medicine for
a couple weeks in October because he couldn't afford to buy a second supply.

The city and Matthews presented their cases Thursday to Judge Armando
Rodriguez, a retired Fresno judge who was helping with Merced's caseload.

Matthews, wearing baggy gray slacks and a light gray T-shirt, told the
judge that this battle has kept him awake at night. "I'm trying to get
justice," he pleaded. "It tears a man up inside."

Behind him sat two city attorneys, Police Chief Russ Thomas, Cmdr. Tom
Martin and a couple other Merced officials.

Rosa Winzer, an insurance coordinator with the city, said the officers
were following state and federal law when they took Matthews' pot.

City Hall would essentially be buying marijuana if the judge accepts
Matthews' civil complaint, she added. "We believe he does not have a case,"
Winzer said.

The judge asked the police officer who handcuffed Matthews if he
hadn't checked to see if the Alameda County pot card was valid. "Why didn't
you take the steps to verify?" he growled. "Or was your concern, 'He has
grass, I don't like grass, I'm going to bust his ass.'"

A conundrum

Matthews first became a medical marijuana user in 2001, five years
after California voters approved the "Compassionate Use Act," allowing
doctors to recommend the drug.

The act butts heads with federal law, which still defines pot as an
illegal drug with no legitimate uses.

Martin, a police commander, said the conflicting viewpoints put law
enforcement in a tough position, but ultimately officers follow the federal
drug law when they confiscate drugs. "It's a conundrum for everybody," he
said.

The department recognizes Merced County pot cards and won't seize the
drug from legitimate users, he said. However, Matthews was cited before the
department had adopted a policy, which is why the bag of pot was taken.

Once the police have the marijuana, Martin said, they can't return it
without possibly facing charges from the federal government.

Matthews argues this by pointing to a drug arrest in Livingston a few
years ago when officers returned marijuana to a man after learning he used
it for medical reasons.

Livingston Chief Bill Eldridge confirmed that the department handed
over the marijuana after talking with the District Attorney's Office, but
said it has since adopted a policy like Merced's to destroy all seized
drugs.

Allen St. Pierre, executive director of the National Organization for
the Reform of Marijuana Laws, said Matthews' case highlights the chasm
between the will of the voters and the police officers who have a
"deep-seated" loathing of medical marijuana. "They would never do this for
the other 400,000 pharmaceutical drugs," he said. "They think (medical
marijuana) is a ruse."

Police officers come from a cross-section of the population, Martin
countered, and are sworn to uphold the law. "We don't have a personal agenda
or vendetta," he said.

More cases could come

In court, the judge said he believes the city should pay Matthews if
he concludes that the doctor's recommendation and pot card were valid. He
didn't say when he would announce a ruling.

Merced Deputy City Attorney Steven Wang said the city won't comment
specifically on the court hearing, but said it would appeal if it lost.

The city is merely following federal law, which Wang admitted is
constantly changing. "This is one of those cases when you're in between," he
said. "We've all sworn to protect the Constitution of the United States and
the Constitution of California."

While Matthews waits, he'll keep growing marijuana at his south Merced
home, and smoking throughout the day to numb the electrifying pain.

He plans to use any money awarded to hire a lawyer to further pursue
his case in civil court. Matthews openly argues about how he feels targeted
by local police, who he believes violated his civil rights so long ago.

For him, it's been reefer madness.

Reporter Scott Jason can be reached at 209-385-2453 or
sjason@mercedsun-star.com.

Posted on 08/04/07 00:00:00
http://www.mercedsun-star.com/local/story/13858427p-14429878c.html