4-year fight over confiscated marijuana ends with Colorado Supreme Court ruling

A Colorado Springs man’s four-year fight to get his marijuana plants back ended with a ruling by the Colorado Supreme Court Monday.

The court overturned previous rulings by a district court and the Colorado Court of Appeals ordering Colorado Springs Police to return 55 marijuana plants and 2.9 kilograms of marijuana products to Bob Crouse. The marijuana was seized from Crouse’s home during an investigation.

The ruling by the Colorado Supreme Court says that requiring law enforcement officers to return the marijuana would force the officers to violate federal law and that because federal law trumps state law, Crouse will not be getting his marijuana back.

The Fourth Judicial District Attorney’s Office says the ruling resolves a conflict of interpretation between Colorado state courts and federal prosecutors about the scope of the federal Controlled Substances Act.

Former United States Attorney for the District of Colorado John Walsh previously said that officers would be in violation of federal law if they returned confiscated marijuana and could face prosecution, according to the DA’s office.

The investigation in which Crouse’s marijuana was confiscated went to trial. He was ultimately acquitted of marijuana-related drug crimes after successfully arguing that he had the marijuana for legal medical purposes.