People v. Robert Clyde Crouse, 2013COA174 (Dec. 19, 2013)

“The [Medical Marijuana] Amendment does not require patients to do anything.” – Opinion. This is a forfeiture case arising from a criminal prosecution. Defendant was arrested for possessing marijuana; the police seized his pot and plants. Defendant was acquitted and requested the return of his pot.  The trial court ordered the police to return the pot, which they did, over the objection of the prosecution. The DA appealed. Colorado’s Constitution Art. XVIII sec 14(2)(e) requires the return of pot seized from a patient if a jury acquits the patient of charges arising from the seized marijuana. The DA argued that returning pot under CO law was preempted as an obstacle to the federal Controlled Substances Act. The court of appeals affirmed the to order to return the pot.  Federalism does not allow the federal government to require states to seize and hold marijuana, thus, no preemption.

http://www.courts.state.co.us/Courts/Court_of_Appeals/Opinion/2013/12CA2298-PD.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=9195&courtid=1

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