COLORADO SPRINGS, CO — A medical marijuana grower who was acquitted on drug cultivation charges in December wants the Colorado Springs police department to return the plants they seized in a March 2012 raid, or reimburse her over $3.3 million in damages.
Alvida Hillery, the founder of of the Rocky Mountain Miracles medical marijuana dispensary, filed a motion demanding the return of 36 pounds of medical marijuana and 304 plants seized by Colorado Springs police and the state Medical Marijuana Enforcement Division.
Hillery’s attorney, Sean McAllister of Denver, says that if her property is not returned, or is damaged, moldy or unusable, Hillery is entitled to $3,327,460 in damages.
McAllister said he used Drug Enforcement Agency standards to determine the value of Hillery’s cannabis.
“I think there is a possibility of a lawsuit against both the Colorado Springs Police Department and the Medical Marijuana Enforcement Division,” McAllister said.
Colorado law requires the “immediate return” of medical marijuana in the event of an acquittal.
Recently, the Colorado Court of Appeals ordered the return of 30 marijuana plants and seven pounds of marijuana to Robert Crouse, a Colorado Springs cancer patient who was acquitted in June of felony drug charges.
Crouse’s marijuana, initially valued at $300,000, developed mold while in Colorado Springs police custody, and is unusable. Crouse intends to sue the city and Colorado Springs police department for monetary damages.