Pot, guns returned to acquitted medical marijuana patient

The Shingle Springs medical marijuana patient who a jury last fall found not guilty of cultivation and possession to sell charges will be returned his firearms and the approximately 8 pounds of cannabis seized at the time of his March 2005 arrest.

A judge Friday ruled that the El Dorado County Sheriff's Department must return to acquitted 26-year-old patient Thomas Boberg all 8 pounds of the cannabis and all six firearms owned by Boberg, which consist of four shotguns and a pistol.

Deputy district attorney Worth Dikeman did not object to the guns and other various items being returned, but said he had an issue with the marijuana being handed back to the man he prosecuted unsuccessfully.

Boberg's San Francisco attorney, Zenia Gilg, argued to Judge Eddie T. Keller that her client should get the drug back, since all 8 pounds of it was found by the jury to be legally possessed by Boberg and two other patients he grew it for.
Dikeman responded that the jury wasn't asked to make that determination during the trial.

In the end, Keller ruled to have all of the evidence returned to Boberg.

The two felony charges were brought up against Boberg after sheriff's detectives smelled marijuana while investigating an armed robbery at the home he shared with his girlfriend.

After exonerating Boberg, several members of the jury spoke to and congratulated him on the steps of the Courthouse.

After appearing in court Friday, Boberg said he is happy to get the guns and other items back, but said he's not so sure about taking back the marijuana.

Attorney Gilg said she's seen cases where sheriff's officials return the marijuana, but then tip off the federal Drug Enforcement Agency. Under federal law, marijuana is illegal altogether and has no medicinal value.

Boberg was prescribed cannabis by his physician in 2000 for chronic back pain brought on by a car accident in Southern California. The gunman who entered his home was never caught.

Mountain Democrat