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Colorado State Supreme Court holds that federal law preempts state law on return-of-marijuana

Tuesday, January 24, 2017 10:36 AM | Anonymous member

The Colorado State Supreme Court was asked to decide what law enforcement officers must do with marijuana after it is seized. In the specific case herein, the defendant was acquitted of charges and state law required officers to return the marijuana.   Under federal law, this is "distribution" and illegal.

The Colorado Supreme Court concluded the federal government intended to preempt state law on controlled substances--which compels a finding that it is illegal to return marijuana.  The full case is here:  Preemption 2017 CO.pdf

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