CV09-08212 GAF (FMOx), Richard Steenken, et al. v. County of San Luis Obispo, et al.  filed 11/0/09

Plaintiff’s Attorney:  Dana J. Rosenberg

Settlement:  $25,000

Plaintiff Steenken, a registered medical marijuana user, grew marijuana for himself as well as his girlfriend and her adult son, also lawful users of medical cannabis, and for whom Steenken was a qualified caregiver under California’s medical marijuana laws (and thus allowed to grow and provide marijuana to them).  After being tipped off by the owner of the property from whom Plaintiff Steenken rented, San Luis Obispo Sheriff’s Narcotics Task Force raided the travel trailer in which he lived and was growing the medical cannabis, confiscating all plants and growing equipment, and taking Steenken into custody.  The Task Force then entered the home of the other two Plaintiffs, allegedly breaking down a door and battering the adult son.  No criminal charges were filed, and Plaintiffs sued for various state and federal civil rights violations.  All confiscated materials were returned, though not until a court order was obtained forcing return of the property, by which time the cannabis plants had died.  Defendants contended that the arrest, searches, and seizures were lawful because Plaintiff’s medical recommendation had “expired” and he was not lawfully possessing or growing marijuana.  Plaintiffs contended that current case law holds there is nothing in the state’s medical marijuana laws which requires a patient to periodically renew a doctor's recommendation for medical marijuana use; that a recommendation does not “expire;” that Sheriffs failed in their lawful obligation to check the State’s registry of medical marijuana users before arresting Plaintiff; and that Plaintiff was lawfully in possession of the marijuana.  The matter was settled early in the litigation for the estimated value of Steenken’s destroyed marijuana ($20,000) which should have been returned under state law, plus $5000 in damages for the other two Plaintiffs.

For more information about this Settlement, feel free to use the "Contact" link.