Wash. Judge Tells Police to Return Marijuana

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Robertson then asked for his pot back, and provided proof of medical marijuana authorization. The city refused, which led to Emery’s Feb. 28 order. If the matter is not settled by the May 2 hearing, it could go to higher courts.

The pot is now in the possession of the Pierce County sheriff’s department, which operates the property room for seized evidence. Deputies won’t give it to Robertson.

“It’s Tacoma’s case,” said sheriff’s spokesman Ed Troyer. “If they want it, they can come and get it.”

Although the judge said he thinks “there’s contemptuous behavior here,” Emery added that the case was “a quagmire,” due to the conflicting provisions of state and federal law.

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