Posted: Sep 6, 2012 2:09 PM by Andy Koen
Updated: Sep 6, 2012 6:56 PM
Since this story first posted we learned we were provided with incorrect information by the Colorado Springs Police Dept. The marijuana has NOT been destroyed.
The Colorado Springs Police Department destroyed the medical marijuana that it seized from a 64 year old cancer patient who was acquitted in June of the felony drug possession charges against him. According to his arrest warrant, the police seized 55 marijuana plants and 6 pounds of refined marijuana from Bob Crouse on May 1, 2011.
A statement from the CSPD to News 5 indicated that returning the marijuana to Crouse would constitute distribution of a controlled substance and would therefore be illegal.
The statement reads:
The marijuana was seized as part of a criminal investigation. Marijuana remains a controlled substance. The DEA and the judicial process has made it clear that local law enforcement cannot "return" seized controlled substances without violating the law themselves. Additionally, CSPD does not have the evidence capacity to neither store, nor maintain marijuana product beyond a limited time due to health and storage concerns.
Crouse has requested a court order to have the marijuana returned to him. A hearing has be scheduled for September 17.