People v. Crouse

After Colorado legalized the use of medical marijuana, the state’s constitution was amended to require law-enforcement officers to return medical marijuana seized from an individual who was later acquitted of a state drug charge. Robert Crouse (defendant) was arrested and prosecuted for felony cultivation of marijuana plants and felony possession of marijuana with intent to distribute. Crouse, a medical-marijuana user, was acquitted of both charges. After trial, Crouse filed a motion requesting that the trial court enforce the Colorado Constitution’s return provision by ordering the police to return the marijuana seized during his arrest. The State of Colorado (the state) (plaintiff) opposed Crouse’s motion, arguing that the return provision conflicted with the federal Controlled Substances Act (CSA) and was thus preempted by federal law. The trial court found for Crouse and ordered the police to return the marijuana. The court of appeals affirmed, holding that there was no conflict between federal law and state law. In reaching its decision, the court focused on § 885(d) of the Controlled Substance Act, which exempted from its coverage law-enforcement officers who were lawfully engaged in the enforcement of laws relating to controlled substances. The court reasoned that law-enforcement officers who returned marijuana to defendants pursuant to the return provision were acting lawfully. Therefore, based on § 885, no conflict existed between state and federal law. The Colorado Supreme Court granted certiorari.