A couple from Fort Collins is threatening to file a lawsuit if police don't return their marijuana plants that they seized during a raid alive. Police say there's no way they'll return them.

A judge ruled Monday that the 39 marijuana plants were seized illegally more than 15 months ago. But Wednesday, the Fort Collins city attorney filed a motion asking the judge to reconsider, so returning the pot is now on hold.

The police spokeswoman said the plants are in evidence and they're dead, but the couple's attorney said police are required to keep the plants alive.