The People of the State of Colorado v. Robert Clyde Crouse — Gabriel, J., Dissenting

Summary

Justice Gabriel, joined by the Chief Justice and Justice Hood, dissented from the conclusion that federal law preempted Colorado's requirement that medical marijuana seized from a qualified patient be returned after the patient was no longer subject to prosecution. The dissent reasoned that the federal immunity provision protects officers who return the marijuana pursuant to state law and a court order, so compliance with both laws is possible and does not obstruct federal objectives. The dissent would have affirmed the court of appeals.