SACRAMENTO (CBS13) – Deputies returned seized marijuana to a Sacramento dispensary Friday after a court ordered that the plants had been improperly seized.
The Sacramento County Sheriff’s Department and code enforcement officers confiscated two pounds of marijuana from the Common Roots Collective during a December 1 inspection, but the dispensary’s attorney argued that the seizure violated federal law since authorities entered the property on an inspection order and not a search warrant.
Three weeks later, the court ruled in the dispensary’s favor.
“The police are being kind enough to return it to us before Christmas,” according to attorney John Fuery.
Sacramento Sheriff’s spokesman Deputy Jason Ramos said the department believes they acted lawfully when they seized the pot, but said they “had no problem complying with the terms of the order” and didn’t plan to appeal the court’s decision.
The dispensary said they believe they’re operating legally under California law, despite a recent federal crackdown, and plan to fight any future legal action in court.