A while back I commented on the government's dismissal of a misdemeanor charge of possessing marijuana on national forest lands due to the Attorney General's new policy not to prosecute in federal court medical marijuana cases that are consistent with state law. See my 8/20/09, 8/23/09, and 10/20/09 posts. Recently, I learned the parties have continued to litigate over the defendant's request for return of his property. In its Opposition To The Mtn For Return of Property, the government objected to the return of a few small containers and a water pipe, commonly known as a bong, on the ground that the items contain contraband, namely marijuana residue. Last week, U.S. Magistrate Judge Hollows ordered the property returned, noting that the government may wash the items in a "non-destructive" manner to remove any contraband before returning them. 2-26-10 Order Re Return of Property.

P.S. For full disclosure, the motion for return of property includes as an attachment a blurry photo of the bong and other items sought to be returned. But I exercised journalistic liberties and got the photo used here from the internet.