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Man sues Larimer sheriff over destroyed medical marijuana plants after acquittal

A man jurors acquitted of multiple marijuana felonies has sued the Larimer County Sheriff’s Office after his 42 plants were destroyed, according to a lawsuit recently filed in 8th Judicial District Court.

Denver lawyer Rob Corry said his client expects to receive $5,000 per plant (totaling $210,000), based on what law enforcers have testified a marijuana plant is worth, in addition to attorney fees.

Kaleb Young, 34, had been growing the plants in a Wellington home in compliance with Colorado’s medical marijuana laws and during a warrant search in September 2010 had shown deputies paperwork authorizing him to do so, according to the lawsuit.

Young was arrested, and his plants, raw marijuana and equipment were among items taken during the search. An investigation, including surveillance, had been under way for five months after deputies followed up on a tip, according to filings in the criminal court case.

The case went to trial, and Young was acquitted of all charges in November 2011.

“Typically, the agency will preserve the plants as they’re required to do under the (Colorado) Constitution,” Corry said. “Here, they just straight-up cut them down and destroyed them.”

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