DEA Agent Ordered to Return Pot

A Colorado bust against a man who had a state-legitimate medical marijuana license resulted in no conviction, and a state court order to the federal agents to return everything conficated. The Drug Enforcement Administration (DEA) returned some paraphernalia, but not the marijuana they stole from Don Nord. A state judge was prepared to hold DEA agent Doug Cortinovis in contempt, but Cortinovis succeeded in moving the case to a federal court, where it looks likely the case will be dismissed. Federal courts, alas, are not the best venue for disciplining federal agents, and a motion to dismiss has been filed by the U.S. Attorney, according to the Denver Post account, and Nord's attorneys have until March 29 to file arguments as to why the case shouldn't be thrown out. Reason's Jacob Sullum blogged earlier developments in this case here.

Comments

[joe]

DEA Agent Ordered to Return Pot

The first appeals court ruling ever to use the word “bogart.”

[Tom Wright]

Charge the agents with petty theft under state law, and bring in the 10th Amendment. Lawyers are afraid of it because it has rarely been used, but someone has to start.

But the State will likely not sue it’s cousin the Fed, over some little thing like the health, safety, life or liberty of one of it’s serfs, er, subj…um, citizens?

[Mr. Nice Guy]

The surest way to make them bleed
is to bust their ass, and steal their weed.

[mattcid]

How can he return it? He already smoked it.