A Calgary police officer who was charged with stealing drugs seized as evidence in an investigation and suspended from his duties has been found not guilty in the incident.

Robert Cumming was arrested and charged with theft under $5,000, possession of a controlled substance and a breach of trust on June 3, 2016.

Police say he took marijuana following an investigation in November 2015 and kept it for himself instead of turning it in as evidence.

On Tuesday, a judge in the case said it wasn't clear that Cumming planned to keep the drugs or if he merely intended to file them as evidence at a later date.

He was therefore acquitted on all charges.