The Superior Court has given the green light to the Philadelphia Police Department on its policy of “promptly” destroying seized marijuana plants after its lab workers have catalogued individual hauls for evidentiary purposes.
Reversing the decision of a now-retired city common pleas jurist, the panel in Commonwealth v. Free, PICS Case No. 06-0893 (Pa. Super. June 23, 2006) McCaffery, J. (19 pages) held that Judge Joyce S. Kean had abused her discretion in concluding that the department’s implementation of its policy — before accused marijuana grower Ryan Free had a chance to have his own expert review the evidence — had violated Free’s due process rights.
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