In October 2012, police in Ellsworth, Maine, returned 17 stolen marijuana plants to Thomas Davis, a state-licensed medical marijuana caregiver, after first checking with federal drug agents. The two-day delay let mold ruin most of the crop. The case is a small example of a question courts have split on: can police be required to give back marijuana that is legal under state law but illegal under federal law?
What Happened
On a Wednesday night in October 2012, someone broke into Davis’s greenhouse in Ellsworth and took 17 plants. Police arrested a 32-year-old man, who was charged with marijuana possession, burglary and theft, the Marijuana Policy Project reported on October 17, 2012, summarizing local coverage. Officers recovered the plants but held them while they consulted the Drug Enforcement Administration’s Maine office and the state attorney general, because marijuana remained illegal under federal law.
The plants were returned that Saturday. By then mold had spread, and Davis said he could save only about 15 percent of the crop, roughly a month’s supply for his patients. “It’s not the Wild West out here,” Davis said. Police Chief John DeLeo said that as far as he was concerned, returning the plants was legal. (Our original 2012 post named Harold Page as chief; he was a lieutenant in the department.)
Background: Can Police Return Seized Marijuana?
When police take property as evidence, people who are cleared usually get it back. Marijuana complicates that. Returning it can look like distributing a Schedule I drug, which federal law forbids, even when state law says the owner possessed it legally. Some state medical marijuana laws addressed this directly. Connecticut’s 2012 law, for example, required seized marijuana to be returned to a registered patient after a decision not to prosecute, a dismissal or an acquittal; see our article on Connecticut Public Act 12-55.
Two appellate decisions reached opposite answers.
California: City of Garden Grove v. Superior Court (2007)
On June 10, 2005, Garden Grove police stopped Felix Kha for running a red light and seized 8.1 grams of marijuana from a container labeled “Medical Cannabis.” Kha had a doctor’s approval, the drug charge was dismissed, and a trial judge ordered the police to give the marijuana back. The city argued that federal law barred the return.
On November 28, 2007, California’s Fourth District Court of Appeal ruled against the city. The opinion held that local governments “are bound by the state’s laws in this instance and must return materials the state considers legally possessed,” adding that “due process will allow nothing less.”
Colorado: People v. Crouse (2017)
On May 5, 2011, Colorado Springs police arrested medical marijuana patient Robert Crouse and seized 55 plants and about 2.9 kilograms of marijuana. A jury acquitted him, and he asked for his property back under Colorado’s medical marijuana amendment, which required its return. The court of appeals agreed in 2013.
On January 23, 2017, the Colorado Supreme Court reversed, 4 to 3. Writing for the majority, Justice Allison Eid said that “compliance with the return provision necessarily requires law enforcement officers to violate federal law,” so the provision was preempted, according to the opinion. The dissent argued that officers returning lawful property do not violate federal drug law. The Gazette reported that Colorado police chiefs welcomed the ruling.
What Happened Next
We found no later reporting on the outcome of the charges or on Davis’s operation. The two appellate rulings still point in opposite directions, and the U.S. Supreme Court has never decided the question, so the answer depends on each state’s statutes and courts.
Where It Stands in 2026
Maine, California and Colorado have all since legalized adult use, which has reduced how often small amounts are seized at all. The federal conflict at the heart of Crouse has not been settled by Congress. In April 2026 a DOJ/DEA order moved marijuana held under a state medical marijuana license to Schedule III, while adult-use marijuana stays in Schedule I; we found no court ruling yet on whether that changes the return question. See our federal marijuana laws page and state guides for Maine, California and Colorado. More history is in our cannabis news archive.
Police Returning Seized Marijuana FAQ
Do police have to return seized marijuana?
It depends on the state. A California appeals court ruled in 2007 that police must return marijuana legally possessed under state law. The Colorado Supreme Court ruled in 2017 that a state requirement to return it was preempted by federal law.
What happened in the Maine case?
In October 2012, Ellsworth police returned 17 stolen plants to licensed caregiver Thomas Davis after consulting the DEA and the state attorney general. The two-day delay let mold destroy most of the crop.
What was City of Garden Grove v. Superior Court?
A 2007 California Court of Appeal decision that ordered Garden Grove police to return 8.1 grams of medical marijuana to Felix Kha after his charge was dismissed.
What did People v. Crouse decide?
In 2017 the Colorado Supreme Court held, 4 to 3, that the state constitution’s return provision for medical marijuana was preempted because returning marijuana would require officers to distribute it in violation of federal law.
Originally reported by The Weed Street Journal; rewritten and updated in October 2026 with what happened next.
