The DEA has refused to comply with a Colorado state court judge's order to return a medical marijuana patient's 2 ounces of marijuana to him. The patient has a license under Colorado law to possess marijuana. A state search warrant had been issued for his residence, the DEA went along on the search and seized his pot. A misdemeanor criminal case was filed against him in state court and later dismissed, and the judge ordered the DEA to return the pot. Background is here.

Today, the court-ordered deadline for returning the pot, the DEA said it will not return the pot:

"Federal law supersedes state law, and the federal government does not recognize the medicinal use of marijuana," he said.

The man's attorney, Kristopher Hammond, will ask the Judge to hold the DEA in contempt of court.

"There's nothing federal about this case," Hammond said. "The feds can't just steal the marijuana and therefore make it federal property."

Walter in Denver says the DEA's actions are an "unspeakable evil."

It's hard to find printable words to describe these people, so let me just say if there were any justice in this case the DEA agents would be looking at jail time themselves.

We think the DEA is acting under marching orders from Ashcroft. We'll be following the case as it progresses through the various courts of appeal. In the meantime, a bill has been introduced in the House that would provide an affirmative defense to medical marijuana users facing federal pot charges--the Truth in Trials Act. Sen. Richard Durbin (D-IL) will be introducing a similar version in the Senate. Please take two minutes to fax your senators a pre-written letter explaining why it is necessary to provide federal protections to patients and caregivers who use and provide medical marijuana in compliance with state laws. Visit here, enter your address, select a letter, and click a button to send it to your senators.