If a person is arrested for misdemeanor possession of marijuana, will his property be returned to him less the marijuana?

The police may keep property seized from you at the time of your arrest for use as evidence against you in your criminal case. When the case is over, your property, except for contraband or fruits of the crime, should be returned to you. If the property consists of personal items with no evidentiary value, such as a wedding ring, you might consider having your lawyer make a request for it to be returned earlier. If the items consist of a personal address book, financial papers or currency, your lawyer may be able to make an agreement with the prosecutor that if they return the property now, and the Judge later rules the items are admissible against you at your trial, he or she won't object to the introduction of photocopies instead of the originals. The prosecutor may or may not accept this offer. If the police or prosecutor refuses to return your property after the case is over, your lawyer can file a motion with the court seeking an order requiring them to do so.