Congratulations to Clifton Black and his legal team, Robert Crouse, 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 who has been charged and acquitted of 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 significantly impact how the government treats patients during an arrest, including search and 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 not to harm, neglect, injure, or destroy the property seized in connection with medical marijuana. In this case, the police failed when they destroyed this patient’s medicine. Our legal team hopes that this ruling will change police procedure so that a patient’s medical property will not be harmed.
Why the Law Offices Clifton Black, PC?
- Proven Success: Our team has a history of successful outcomes in even the most complicated criminal cases.
- Client-Focused: We ensure open communication and responsiveness to our clients’ needs, keeping them informed every step of the way.
- Expert Legal Team: Excellent legal representation is built upon years of experience and a deep understanding of Colorado law.
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