Insurer Pays Up For Damaged Pot Plants

Posting Date: 09/07/1999

Here?s an medical marijuana story with a twist. It happened in Northern California where you can legally use cannabis with a doctor?s OK.

After a 71-year-old man with prostate cancer and arthritis was given a prescription for use of medical marijuana for pain, he bought 13 small plants from a cannabis club and took them home.

Later, sheriff?s deputies broke down the door of Robert DeArkland?s home, confiscated the plants and charged him with cultivating marijuana for sale.

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In a sign of the times, the cultivation charge was dropped by the district attorney?s office and the sheriff was ordered to return DeArkland?s plants and growing equipment. However, the small pot plants had shriveled up and died because they weren?t watered.

So, guess what DeArkland did? He turned in a claim under his homeowner?s insurance policy and was reimbursed $6,500 for damage to "trees, shrubs and other plants."

This may be one of the first cases in the nation where an insurer has paid for the loss of medical marijuana plants. Maybe this will send a message to the politicians that medical marijuana has a legitimate purpose and people who use it shouldn?t be hassled.