Legalization of Mushrooms: What is Colorado’s Proposition 122?

Congratulations to Robert Crouse and his legal team, Clifton Black, Charles Houghton, and Laura Haynes!

 

The Colorado Court of Appeals, in a 2-1 decision, has affirmed the trial court’s ruling, that the police must return marijuana to a medical marijuana patient that has been charged and acquitted for possession of the marijuana. This ruling supports the wishes of the voters of Colorado who voted in Article XVIII, section 14 of the Colorado Constitution allowing for the use and possession of marijuana by those suffering from debilitating medical conditions.

 

Specifically, both the trial court and the Court of Appeals have determined that the Federal Controlled Substances Act does not preempt (or override) the Colorado Constitution Article XVIII, section 14, (2), (e) that clearly states that marijuana shall be returned to a patient upon an acquittal.

 

This decision will have significant impact on how patients are treated by the government during an arrest, including search & seizure and the end of the criminal case when the police are required to return the property.

 

The medical marijuana amendment also requires law enforcement to not harm, neglect, injure, or destroy the property seized in connection with medical marijuana. In the case at hand, the police failed in their duties when they willfully destroyed this patient’s medicine. This legal team hopes that this ruling will change police procedure so that a patients’ medical property will not be harmed in the future.

Request Consultation

Recent Articles

Are you being charged with cybercrime theft in Colorado Springs? If so, here’s a breakdown of what these charges mean…
If you are being charged with a misdemeanor in Colorado, things like aggravating factors can impact the severity of these…
Do you have the option of accepting a plea bargain in a domestic violence case? If so, this article covers…
Are you being charged with cybercrime theft in Colorado Springs? If so, here’s a breakdown of what these charges mean…
If you are being charged with a misdemeanor in Colorado, things like aggravating factors can impact the severity of these…

Exceptional Experience & Results

For over 20 years we have represented clients in Colorado from a client-centered approach. We are experts within the areas of Cannabis Law, Criminal Defense, Family Law, and Business Law. We believe in protecting the rights of businesses and individuals with precision, exceeding client expectations with each case. Client satisfaction inspires us to strive for excellence in everything we do.

Schedule Your Consultation with a Trusted Attorney Today!

Exceptional Experience & Results

For over 20 years we have represented clients in Colorado from a client-centered approach. We are experts within the areas of Cannabis Law, Criminal Defense, Family Law, and Business Law. We believe in protecting the rights of businesses and individuals with precision, exceeding client expectations with each case. Client satisfaction inspires us to strive for excellence in everything we do.

Schedule Your Consultation with a Trusted Attorney Today!

Need legal help in business or criminal areas in Colorado? Call Law Offices of Clifton Black, PC. Our expert attorneys focus in business law and criminal defense, providing clear advice for your specific needs. Benefit from our years of experience as we deliver targeted solutions and defend your rights every step of the way.