Acquitted Medical Marijuana Grower to Police: Return My Plants or Pay $3.3 Million

Acquitted Medical Marijuana Grower to Police: Return My Plants or Pay $3.3 Million

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.

  • Jose Gonzales

    Sue the crap of out of the police for destruction of property, obstruction of justice, abuse of process, and attorney fees.

    • Jose Gonzales

      Add malicious prosecution to the list. You may get lucky and find a judge who hates the prosecutor.

  • Jason Whittington

    It’s a shame that it’s going to be the taxpayers who will have to end up paying, but an example must be set.

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  • Muzzy Lu

    Marijuana was legal in America for years before it was banned, and nothing horrible happened. Cannabis will only help people in pain, and be a very mild tame recreational habit to others. Better for America that many people use marijuana than most other drugs and alcohol. Marijuana is a very healthy food if taken as an edible, not smoked. There is a great $2.99 e-book on medical marijuana: MARIJUANA – Guide to Buying, Growing, Harvesting, and Making Medical Marijuana Oil and Delicious Candies to Treat Pain and Ailments by Mary Bendis, Second Edition. This book has great recipes for easy marijuana oil, delicious Cannabis Chocolates, and tasty Dragon Teeth Mints.

  • Audrey Hatfield

    Dan May and CSPD need to be sent a message. They need to be held accountable. Read and follow the laws. Train your department. I for one am appalled that Dan May was recently approved for a 40k raise,. He has wasted who knows how much in taxpayer resources prosecuting those that ARE NOT breaking the law. Mr. May and his department make their own rules, I say, mandatory training for them all, before more lawsuits come forth and the city goes broke. Thankfully though, we (the city) have our hands in several pies and should be able to recover nicely…

  • wes

    Lol… on the amount….. but thats how they figure it up when they bust you…. about 10 times more than its really worth.

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  • Mike D

    Stealing or destroying property by way of confiscation has long been a tool of Police tactics. I suspect if this case goes to frutation for the complaintant, Evidence Impound conditions will change… then those that lose their case and the commodity will have the Police market the commodity to other legal MMJ outlets to help ‘defer costs’, much like noticibale amounts of ‘confiscated commodities’ somehow find their way back to blackmarket outlets! lol.

    • Johnny oneye

      case dismissed! ,lack of evidence !

  • rob

    i understand the point of the lawsuit. and respect them using gov’t tactics for pricing. but do any of you really think theres any justice when it comes to marijuana cases. there always one sided. and this 3mil figure will never win. she would be better off respectfully asking for the true value of her product. i could see a 300,000 lawsuitbeing settled out of court. but 3.3 mil ar you kidding. all they have do is use the controlled substance act. although aquitted of felony charges the possesion is still illegal under fed law. so to abuse the right to sue and ask for way more than need to to recoup the buisness will never be won sorry the world is not ready for marijuana to prevail.

    • Johnny oneye

      “the world is not ready for marijuana to prevail.”

      You have to lay off the Koolaid

      Police should arrest criminals not FODDER

      having a SWAT team in your living room,shoot your pets,take your stuff

      And you think 3 million is a lot?

      I hope the jury sees the corruption and doubles her request!

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  • John Padgett

    everyone should go file a law suit that claims undue pain and suffering caused by the prohibition