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Colorado Springs cancer patient wins pot appeal

2:03 PM, Dec 20, 2013   |    comments
In this Oct. 22, 2009 file photo, a bud of legally grown marijuana is held by a cancer patient, in Portland, Maine. Advocates of recreational marijuana use are looking to an upcoming vote in Maine as an indicator of whether the East Coast is ready to follow in the footsteps of Colorado and Washington by legalizing cannabis. Voters in Portland are being asked whether they want to make it legal for adults 21 and over to possess up to 2.5 ounces of marijuana. (AP/Photo/Robert F. Bukaty)
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DENVER (AP) - The Colorado Court of Appeals has ruled that a judge was correct when he ordered Colorado Springs police to return more than 60 pounds of marijuana to a cancer patient who was acquitted of drug charges.

Attorneys for Robert Crouse say the victory adds clout to a pending lawsuit against the city over the destruction of Crouse's marijuana, which they say spoiled while in police custody.

According to the Colorado Springs Gazette, Crouse wants to be reimbursed for up to $300,000.

At issue is a provision in the state constitution requiring that police properly care for any pot seized during medical marijuana investigations and that it be returned should the owner be acquitted of wrongdoing. Authorities said returning the marijuana could violate federal law.

(Copyright 2013 by The Associated Press. All Rights Reserved.)

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