Colorado Legal Team Earns Landmark Marijuana Decision!

[The General]

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. You can read the opinion in full here.

News Moderator - The General @ 420 MAGAZINE ®
Source: Colorado-criminal-law.com
Author: Tracy D. Kellett
Contact: Colorado Springs Divorce & Criminal Defense Lawyers | Black & Graham
Website: Legal Team of Clifton Black, Charles Houghton & Laura Haynes

 

[MrDetox]

I am totally glad to hear this it's about time someone speaks up for those that use marijuana for legitimate medical reason and still get hassled by authority's on power trips. This United States of America is found by the people and for the people, but as of late it only seems that our government no longer listens to the people and only listens to those lining their pockets. I hope in the near future that the people will unite and want to bring change to this almost draconian government.

 

[Fish4Fun420]

I am very glad to hear this as I am moving out to CO next year for medical and personal growth reasons. Great read, thank you for sharing!