Medical marijuana suit: cops should replace pot

An interesting case is working its way through the courts in Fort Collins, Colorado: a couple was arrested for possession of a large amount of medical marijuana, which was intended both for personal use and for their medical marijuana association, the Colorado Compassion Club. However, an interesting thing happened:

In June 2007, Larimer County Chief Judge James Hiatt dismissed charges against the couple and ruled that the 2006 raid was illegal. With that decision he set into motion a test of Article XVIII, Section 14 of the Colorado Constitution, which calls for the immediate return of any marijuana "seized by state or local law enforcement officials from a patient or primary care-giver."

In November Judge Hiatt ordered a return of the Masters' property, including the medical marijuana plants. In December the Masters went to pick them up, but after more than 16 months, their medicine was unusable.

"We are not equipped with hydroponic growing equipment," police spokesperson Rita Davis explained. Few evidence rooms are, but Colorado law states that "any property ... used in connection with the medical use of marijuana... shall not be harmed, neglected, injured, or destroyed while in the possession of state or local law enforcement officials."

The couple is asking for a tidy $202,800 to replace their crop. Let that be a lesson: that's not just evidence, it's medicine!