Lynnwood issues statement on pot give-back

Lynnwood city officials on Thursday afternoon issued a statement about recent news coverage of a case where old pot was returned to its owners after the criminal investigation didn’t end in charges.

The pot owners had threatened to sue the city for more than $950,000, the documents show. The settlement included the return of the seized plants and covered about $700 in the plaintiffs’ legal fees.

Here is the statement:

On Tues, October 29, 2013, the City of Lynnwood Police Department, as a result of a decision by the Snohomish County Prosecutors Office not to prosecute Lynnwood residents for possessing marijuana, returned the seized marijuana back to its owners. The case began in May 2012 when Lynnwood Police investigated a complaint regarding alleged violations of Washington’s Controlled Substance Act. As a result, 202 marijuana plants were seized by Lynnwood Police. The marijuana plants were held as potential evidence pending investigation.

During the course of the investigation, Snohomish County Prosecutor Janice Albert declined to prosecute the case, citing “vagaries of the medical marijuana statute concerning collective gardens.” Without an ongoing prosecution, there was no legal basis to retain or dispose of the marijuana. Consequently, The City of Lynnwood Police Department had no choice but to return the marijuana back to its owners.

On October 1, 2013, the City of Lynnwood signed a Settlement Agreement with the patients and their representatives. The Police Department arranged the return of the medical marijuana to the legal representatives. On October 29, the remnants of the enforcement action, including 202 marijuana plants that are more than a year old and 6 pounds of dried matter, were returned.

Read Wednesday’s story here.

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