In what might be a Pierce County precedent, a judge Thursday ordered police to give a Tacoma man back marijuana seized from him during a traffic stop last year.

Municipal Court Judge Jack Emery agreed with Joseph L. Robertson’s arguments that police had no right to seize the less than 40 grams of pot because he is a designated provider of medical marijuana.

Robertson’s attorney, Jay Berneburg, said outside court that it might be the first such ruling in Pierce County history. Almost a year ago, two owners of a medical-marijuana dispensary lost a bid in Pierce County Superior Court to get back pot police seized from them during a case later thrown out of court.

“As far as that goes, it’s a big deal,” said Berneburg, who is active in medical marijuana issues.

Robertson hoped to retrieve his marijuana from the police property room within the week.

“I feel great,” he said outside court. “You’ve got to stand up for people’s rights sometimes.”

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