Supreme Court of Colorado
The People of the State of Colorado v. Robert Clyde Crouse
January 23, 2017388 P.3d 39
Summary
The court held that Colorado's medical-marijuana return provision is preempted by the federal Controlled Substances Act because returning seized marijuana requires officers to distribute it, which federal law prohibits. The federal officer-immunity provision does not eliminate the conflict because officers are not "lawfully engaged" when their conduct violates federal law. Justice Gabriel, dissenting and joined by Chief Justice Rice and Justice Hood, would have held that the immunity provision permits the return and therefore defeats preemption.