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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26451
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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How do I go about getting back medical marijuana that was seized

Customer Question

How do I go about getting back medical marijuana that was seized in a traffic stop
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
Hello,

My name is ***** ***** I am an experienced criminal lawyer.

If you were in full compliance with the medical marijuana law and registered with an state-approved provider but you were arrested for possession of marijuana, you should be able to get the charges dismissed and the judge to order the return of your marijuana.

If you were out of compliance with the medical marijuana program, the state is going to confiscate it as contranband regardless of your medical marijuana card. Having a medical marijuana card does not mean that you cannot still get arrested for unlawful possession.
Customer: replied 2 years ago.
I was charged with improper transportation of medical marijuana I am a medical marijuana card holder however I went to the police station to try to retrieve my property and they told me it was being held for evidence purposes will now thecase is over and I was drop down to a motor vehicle violation. So I assume there is some sort of motion I need to file with the courts to get the police station to release my property back to me
Expert:  Zoey_ JD replied 2 years ago.
You can ask the prosecutor to sign a release for the marijuana now that it is no longer being held as evidence. Then you can take it to the police and ask for your marijuana back. If the prosecutor won't sign a release or the police won't return it, you'd have you'd need a court order from the judge.
Customer: replied 2 years ago.
The prosecutor already told me she will not help me get it back.. So what kind of motion do I need to file with the court?. Where would I obtain the form?
Expert:  Zoey_ JD replied 2 years ago.
You can file a Motion for the Return of Seized Property, but you may notl be successful. In your state, when the medical marijuana has been returned it was because all charges against the defendant were dismissed. You, on the other hand, were out of compliance with the marijuana regulations and took a negotiated plea offer to a lesser violation.The prosecutor has the right to keep the marijuana as the instrumentality of the crime.

In instances in your state, where the defendant was not in full compliance with the medical marijuana regulations, the court has denied the motion, in one case even despite the intercession of the ACLU. No harm in trying though.

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