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Do Cops Have To Return Medical Marijuana Plants That They Take?


Confiscated PlantsI have many friends who have had run ins with law enforcement which resulted in law enforcement taking their medical marijuana plants. When the cases went to trial, most of these friends were acquitted of all charges. In the process, the plants that were torn out by their roots had long since died. There are cases of this happening in almost every medical marijuana state in America.

The victims who had their medical marijuana plants wrongfully confiscated have the right to sue to get their property back, and if it’s damaged or destroyed, to sue for damages. Per the Green Field Reporter:

Whether or not state laws require, as they do in Colorado, police to return medical marijuana intact if a suspect isn’t charged or is acquitted, departments have been sued over pot that has wilted in their evidence lockers.

In Colorado Springs, a cancer patient who had faced drug charges is suing police after 55 dead plants were returned to him. The state appeals court had to order the police to return them.

Medical dispensary owner Alvida Hillery sued police to return her 604 pot plants or pay $3.3 million after she was acquitted of drug-cultivation charges. She dropped the suit in exchange for a city dispensary license.

Police departments who take first and ask questions later should be held accountable. Taking finished product is one thing – it can be given back after trial. However, taking living, breathing plants should be a last resort, and if the cops can’t keep them alive, they shouldn’t be taken at all. It’s very difficult to put a price tag on a medical marijuana plant, so restoring the confiscation victim to where they were prior to destroying the plants is very difficult.


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Johnny Green


  1. Taking pot plants that isnt yours is stealing and worse stealing medical necessities from the sick. Glad to see police are held accountable for some kind of damage finally!

  2. Randy Baker on

    As long as we keep the DEA active they will make things hard. They actually help the cartels smuggle in drugs. They dont want it legal be cause it will kill their cash cow

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  4. Christopher Marks on

    How are we considered to be free if no matter what their is some one who thinks that they got the power just because they got the money. If I was free I should be able to grow a plant on MY property an be able to harvest this plant. We will never be free as long as we have a government. As the words of Ronald Regan ” I hope we once again have reminded people that man is not free unless government is limited.”

  5. This bull shit wouldn’t happen and shouldn’t happen if marajuana was legal. Or at least licensed medical growers and suppliers had better protection and the medical laws was clear and not open to interpretation to many of our police and DEA like to flex their law muscles just because they can. Their constant harrassment has nothing to do with right and wrong. If a state says we have medical marajuana laws and growers are staying in those guidelines than why the harrassment? The only way this injustice will ever stop is on the federal level. We must legalize it America.

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