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Nov 16, 2012 8:34 PM by Andy Koen

Seized marijuana returned to local patient

COLORADO SPRINGS  - A tearful Bob Crouse finally picked up the medical marijuana that was being kept in evidence at the Colorado Springs Police Department. It took a court order and a decision to not block that order by the state court of appeals before Crouse was at last able to get his seized property back.

Dozens of supporters applauded as he drove from the evidence warehouse Friday afternoon. Crouse and his attorneys Cliff Black and Joe Gorman collected the six pounds and 55 marijuana plants being held there.

He broke down into tears when talking about the success he's having battling his leukemia by taking heavily concentrated doses of medical cannabis.

"I'm thankful that I'm alive, I'm thankful that the spirit of life that is in me is in our community," he said.

Crouse says the property is clearly damaged but he doesn't feel like he needs to go to court to be compensated for it.

"I certainly don't want to sue the city, heaven's sakes!" Crouse said. "Let's just do the right thing, if it's been damaged, and the city attorney and the district attorney have said that they're liable, then let's sit down and not spend any more taxpayer money."

But his attorney seemed less charitable on that point.

"I think that the fact that it's obviously damaged, it's obviously worthless at this point, I think that certainly sets up a possiblity that there would be some civil liability on the part of the city," Black said.

Crouse will not be taking the marijuana straight home. Instead, it's headed to a secure laboratory where it will be tested to see if there is any part of it that is salvageable for his treatment.

The legal fight may not be completely wrapped up yet either.  The Colorado Court of Appeals has scheduled a hearing date in February to hear an appeal over the court order should the district attorney wish to follow through with their request.

They had previously argued that it would be a moot case if the marijuana was returned.

"We argued that it would not be moot because this could be a reoccurring problem," Black explained. "So, based on that the Court of Appeals has decided to hear the appeal if the DA's office does continue with their appeal."

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