All evidence except seized pot ordered returned

Posted: Sep 17, 2012 6:25 PM by Andy Koen

A district court judge has ordered all non-marijuana evidence seized from a local cancer patient to be returned to him while a hearing over the legal issues surrounding the drug itself has been scheduled for next month.

Bob Crouse was acquitted in June of felony drug possession and distribution charges. He then filed a motion in court asking the judge to order the Colorado Springs Police Department to return the 50 plus marijuana plants and 6 pounds of refined marijuana and other items to him.

The district attorney's office argued that returning the marijuana would conflict with federal drug laws. Crouse's attorney maintained that Amendment 20, Colorado's medical marijuana, law requires any drugs seized in a criminal investigation to be returned if the patient is found not guilty.

District Court Judge TImothy Schutz ordered the police to turn over all off Mr. Crouse's personal property except for the marijuana. He took the remainder of the hearing under advisement and requested both parties prepare supplemental briefs regarding the issue of federal preemption.

He also ordered the district attorney and police to preserve the marijuana evidence. Earlier this month, it was erroneously disclosed to News 5 that the marijuana taken from Mr. Crouse had been destroyed. A police department spokesperson later contacted us to state that the marijuana was still in tact.