City seeks to block turnover of marijuana

November 27, 2007

Sara Reed, The Coloradoan

The city of Fort Collins has filed a motion asking a judge to reconsider his decision to return marijuana to a Fort Collins couple who use medical marijuana and provide it to other medical marijuana patients.

Chief District Court Judge James Hiatt ruled Monday that James and Lisa Masters were entitled to get back their property — including paraphernalia, growing equipment and the marijuana plants themselves — which was seized from the Fort Collins couple’s home last August. The couple had planned to retrieve the property from Fort Collins police today.

The marijuana was found by officers who accompanied child welfare workers to the home, but cultivation and possession charges against the couple were dropped in June after Hiatt ruled that the search that led to the search warrant was illegal.

A provision of the medical marijuana amendment requires that property seized in connection in connection with the claimed use of medical marijuana be returned following an acquittal at trial, the dropping of charges or a decision not to prosecute.

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