Synopsis
Background: Following acquittal in jury trial on charges of cultivation of more than 30 marijuana plants and possession of between five and 100 pounds of marijuana with intent to distribute, defendant filed motion for return of seized marijuana and marijuana plants that had formed basis of charges, pursuant to medical marijuana amendment. The District Court, El Paso County, Tim J. Schultz, J., granted motion and ordered law enforcement to return marijuana and plants. People appealed.
Holdings: The Court of Appeals, Webb, J., held that:
1 order that law enforcement return marijuana and marijuana plants to defendant following acquittal, pursuant to medical marijuana amendment, was final, appealable order;
2 assumption against obstacle preemption of Colorado's medical marijuana amendment was not overcome by Controlled Substances Act (CSA);
3 medical marijuana amendment was not preempted by CSA on theory of obstacle preemption based on claim that ordering police to return marijuana and marijuana plants would violate prohibition against distribution of controlled substance; and
4 medical marijuana amendment was not preempted by CSA under theory of obstacle preemption by permitting patient to engage in conduct expressly prohibited by CSA.
Affirmed.
Bernard, J., filed opinion concurring in part and dissenting in part