[§329-127]  Protection of marijuana and
other seized property.  Marijuana, paraphernalia, or other property seized
from a qualifying patient or primary caregiver in connection with a claimed
medical use of marijuana under this part shall be returned immediately upon the
determination by a court that the qualifying patient or primary caregiver is
entitled to the protections of this part, as evidenced by a decision not to
prosecute, dismissal of charges, or an acquittal; provided that law enforcement
agencies seizing live plants as evidence shall not be responsible for the care
and maintenance of such plants. [L 2000, c 228, pt of §2]