Colorado Supreme Court Says: Cops Can't Return Pot To Acquitted Folks

Makes sense to me and I don't have a problem with that. Police arent distributors no matter if your state has legalized or not. Why should they keep it away in a safe for you and hand it back to you later? That makes about as much sense as handing the keys back to a drink driver just because they got released from the watchtower in the morning after being held in a cell for drink driving.

 

Rocky Mountain high is being a cop who can get high cheaper than anyone else!

Mmmmmm, beer, donuts....

 

Interesting. So here lies another conflict in the legal arena between state law and federal law. I would never have a consequential amount of marijane anyway.. but for the sake of argument let's say you get caught out driving home after having 3 beers at a sports bar. You have your marijuana in the car. They pull you over and issue a citation for drinking and driving, but they smell your bud and confiscate it. Is that even legal, lame... ok, so according to this article you're not getting it back. In that case I argue they should not seize it to begin with. That should be illegal!

 

???
where the fuck do you live that drinking and driving results in a ticket??? LOL

I doubt they give tickets for only being a little intoxicated.

 

Uhmmm, but they do give the keys back to a person who was arrested for drunk driving after they sober up, so not to sure about that analogy.

If the amount the person has is "legal" I see no reason to not return it. I think it should be considered the same as any other personal possession they take when you get arrested; shoes, wallet, watch, bag of weed.

nor does giving a person back their own property comprise "distributing", if they took the weed, mixed it up and then gave it back to other weed prosecuted people THAT would be distributing.
in short returning a persons belongings isn't "distribution".

BUT the case mentioned in the article is a bit different because the guy was in violation of the law and his weed was confiscated specifically because he was violating the laws.

 

The Colorado Supreme Court on Monday ruled that law enforcement officers cannot be forced to return marijuana to defendants even after they are acquitted of pot crimes because doing so would force officers to be marijuana “distributors” and violate federal law.
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So, if you're pulled over and found to be in possession of some weed, and they confiscate it, and you are later found to not be in violation of any marijuana laws, you don't get your weed back? If it is your weed which you have purchased with your own money, why on earth wouldn't you get it back?

The officer is RETURNING the weed, not DISTRUBUTING the weed. This is almost the same as if the cops had seized some of your property because they suspected it was stolen, and when you are proven innocent, you don't get your property back because that would equate to the cops distributing stolen property.

 

^^^ exactly. and if weed is legal, why the fuck are the cops confiscating it in the first place?

 

Exactly. I can't believe that anyone cannot see the fuckedupness of such a thing. At the very least, they should give the INNOCENT person enough money to compensate them for their loss. But I'm sure that the wise Supreme Justices would see that as the cops purchasing weed, and that would be illegal.

 

Next they'll have law suits from people who claim a cop stole their medicine.

 

If they were prescribed weed, and the cops confiscated it, they should be sued.

 

Okay lemme put it this way.

You're arrested for drunk and dissorderly behavior.
When the police siege you you're drinking a bottle of beer.
Now are the police going to hold that half empty bottle of beer for you until you're released and then give it back to you on your way out?

If the answer is no, then why would they do that with this particular drug?

 

I wouldn't expect my drugs back, legal or not if I was arrested for disorderly behavior while on the drug in the first place. It's inconceivable to me that they would do that for you.

I know, it's all doom and gloom, the PoPo out to get my weed, they won't leave us along, stop taking my stuff!

If taking your stuff and disposing of it is a small lesson for someone to stop being a fuckwit on that drug then I'm for that, maybe they'll wake up to themselves and realize you can't just go around acting like a idiot.

Also we know weed consumption is legal in this state but selling it is still illegal. The cops hand back your marijuana and they're liable for distribution purposes, in a way?? Maybe?? I don't know??

I'm just not going to feel sorry for some moron that loses his weed if he's being a dickhead to begin with.

 

But that's not the case here:

The Colorado Supreme Court on Monday ruled that law enforcement officers cannot be forced to return marijuana to defendants even after they are acquitted of pot crimes because doing so would force officers to be marijuana “distributors” and violate federal law.

 

So pretty much exactly what I said about distribution.
Probably shoulda kept reading my post instead of firing off at the first thing you didn't like about it.

 

no it really isn't the same as what you said, quite different actually.

if it is legal, why should the police even touch it?
If you get arrested and they take your cigarettes away, they HAVE TO return them when you are released, even if it's a decade later.
same should hold for LEGAL weed.

 

I said the cops don't want to look like distributors and he said the same thing and even backed it up with a quote about it would be against the federal law for a police office to do so in regard to distribution.

How isn't that the same thing?

 

Why don't pot growers keep a stash of shit weed in case they get busted, spray it with synthetics or glass dust and let the pig bastards smoke that.

 

There is also the amount of weed a police officer can find on you. I remember reading that in Denver. You couldn't just walk around with an ounce of weed, an ounce indicates a quantity to sell, they don't expect you to recreationally smoke an ounce and also you couldn't smoke in public.

So, while marijuana use might be legal, there are still certain aspects of it that clearly aren't.

You smoke your weed legally and you get to keep it, and you don't get in trouble. Simples.