A Colorado Springs resident lost his bid to recover the marijuana that was seized from him by police – even though he’d been acquitted of crimes related to that possession – because, as Colorado Supreme Court justices ruled: Doing so would require that police officers become distributors of marijuana. As such, they would be violating state law to do so.
This precedent-setting ruling, which overturned the Colorado Court of Appeals, has the potential to influence sister courts in other states, and in the event there is conflict, the possibility that it will require input from the U.S. Supreme Court. The state-level appellate court had held that police officers were required to return marijuana to defendants who won their court cases alleging illegal possession.
But now, the Colorado Supreme Court justices say that to do so would require police to become complicit in violating the Controlled Substances Act. Continue reading