No Property Rights: CO Supreme Court Allows Cops to Destroy Seized Pot
The Colorado Supreme Court has ruled that police are allowed to destroy marijuana seized in criminal investigations, reversing the requirement that police store marijuana as personal property.
According to the Associated Press, local police disliked the requirement that forced officers to care and store marijuana gathered as evidence correctly. As a result, the recent decision has been welcomed by local law enforcement.
The decision stems from a 2011 case revolving around a medical marijuana patient from Colorado Springs whose plants were seized after he was accused of having more plants than allowed by law. Currently, residents are allowed to grow up to 12 plants .
As a result of the investigation, the Colorado Springs resident lost more than 60 pounds, which were held by the police and then returned moldy. While the accused was later acquitted, he lost access to his possessions because of police’s lack of proper care to the product.
According to Colorado Justice Allison Eid, a possible Supreme Court nominee, the return provision that had been en vogue violates federal law. The decision supported that Colorado law enforcement should thus follow federal rules, despite comments made by dissenting judges who argued that the return provision does not violate federal law.
To libertarians, this decision sounds beyond appalling for a simple reason: it ignores property rights altogether in the name of the U.S. government’s long lasting war on personal choice — also known as the war on drugs.
While Colorado set an example to the entire country by legalizing marijuana for recreational use, restrictions concerning growth of the plant require law enforcement officials to violate property rights of the individual in question by not allowing individuals to do what they please in their own property. And by ruling that even during an investigation seized marijuana is not to be treated as personal property, the state’s highest court just emphasizes both the state and local governments’ lack of dedication to the individual’s right to the fruits of his labor.
Instead of spending precious resources seizing, investigating, and arresting individuals for exercising their right to keep and maintain personal property, it’s time to put an end to the madness that the nationwide war on substances seen as immoral or damaging. After all, it’s up to the individual whether he is willing to expose his own body to whatever substance available or not. And the government has no moral obligation to stop him.