A Regina AIDS patient whose medicinal marijuana was seized by police is getting his plants back.

Tom Shapiro won a legal battle last month after police seized both his plants and growing equipment in January.

Shapiro had permission from Health Canada to grow the drug, but his permit had expired and wasn't renewed until shortly after police had removed it.

Despite his medical condition and the fact the renewed permit was granted within days, police charged him with growing the drug contrary to the Controlled Drugs and Substances Act.

In February, the federal justice department stayed the charges. He was allowed to take his equipment back.

However, Regina police kept the plants.

On Wednesday, a provincial court judge ruled that the plants should be returned to him.

Shapiro says the drug helps him deal with his AIDS symptoms, including nausea.