Lakewood Police Department
Policy and Procedure

 Effective Date: 04/22/2021
Policy Number: PP-7403 - Releasing Property to Lawful Owners

A.  Policy – None 

B.          Procedure 
 
1. Property shall be released to the lawful owner upon presentation of current government - issued photo identification.  Release may be granted to a representative of the lawful owner upon presentation of a notarized authorization, court order, or power of attorney and the representative’s current government-issued photo identification.   

a. The releasing Property & Evidence Technician shall verify that the claimant is the lawful owner.

b. The releasing Property & Evidence Technician shall ensure that the owner or owner’s representative signs to acknowledge receipt of the property.   

c. The releasing Property & Evidence Technician shall ensure the release is updated in the property and evidence management tracking system. 

2. Police Department personnel are not authorized to release medical or recreational marijuana or marijuana edibles, in any amount, to an owner, even if the person was in lawful possession according to Colorado law at the time of confiscation. 

3. Under Colorado law, a medical marijuana patient or a person 21 years of age or older may lawfully possess and have returned marijuana paraphernalia, either store-bought or homemade, that would include, but not be limited to, pot pipes, bongs, roach clips, grinders, and other products used for growing, harvesting, composting, manufacturing, packaging, storing, or containing marijuana for ingesting or inhaling or otherwise introducing marijuana into the body. 
 
4. If not booked as evidence, any electronic cigarette that contains tobacco can be released to the owner if that owner is 18 years of age or older. 
 
5. If not booked as evidence, any electronic cigarette that contains known or suspected hash oil or an unknown substance, shall be booked for destruction and is not available for release to an owner.

6. CBD (Cannabidiol) and CBD-products with an ingredient list that does not have THC listed (tetrahydrocannabinol) OR lists a THC content of .03% or less, written on the original container/label may be released to the owner if that owner is 21 years of age or older.

7. Any CBD or CBD-product(s) that lists THC content greater than >.03% on the original container OR if the product is in a secondary container, shall be booked for destruction and is not available for release to an owner.


STD. 84.1.1, 84.1.7