Without admitting any wrongdoing on the part of the sheriff’s department or the district attorney’s office, San Luis Obispo County counsel has settled a civil complaint with a medical marijuana patient, coughing up $20,000 in the process.
The May 24 settlement made to Los Osos resident Kimberley Marshall, 46, a liver cancer survivor who also allegedly suffers back and lumbar pain, represents the first time in the history of the county monetary damages were awarded for confiscated pot.
The claim stems from a March 2009 incident at Marshall’s home, when sheriff’s deputies confiscated six pounds of medicinal cannabis from her bedroom closet while enforcing a search warrant related to the probation of Marshall’s son.
After Marshall showed deputies her physician’s recommendation, criminal charges against her were dropped. Shortly thereafter, however, the sheriff’s department allegedly asked the D.A.’s office to request the evidence be destroyed. Judge Dodie Harmon signed the order.
Marshall and her attorney Louis Koory had the seized marijuana appraised at $44,160. The county had previously offered $15,000 to Marshall in March, which she refused.