cannabisnews.com: Judge: Return Marijuana 





Judge: Return Marijuana 
Posted by CN Staff on December 09, 2003 at 07:19:44 PT
By Susan Bacon
Source: Steamboat Pilot & Today
Steamboat Springs — A Hayden resident who uses marijuana for medicinal purposes should have growing equipment and 2 ounces of the drug that were seized in a search returned to him, a county judge ruled Monday.  The decision, which had to account for conflicting state and federal drug laws, may set an important precedent, Routt County Judge James Garrecht said. "Obviously, this case has the potential of going a whole lot further than just this court," Garrecht said after giving his decision. 
"This may be a precedent-setting case a whole lot further down the road."Several ounces of usable marijuana, three marijuana plants and growing equipment were taken during a GRAMNET search of 57-year-old Don Nord's home in mid-October. GRAMNET, the Grand, Routt and Moffat Narcotics Enforcement Team, is a federal task force made up of local officers.Deputy District Attorney Marc Guerette, who represented GRAMNET, had no comment on the judge's decision and said he wasn't sure whether he would pursue an appeal, which would go to District Court if it was filed.During the hearing, Nord's attorney, Kristopher Hammond, argued that because the search warrant was served through a state court and charges were dismissed through the state court, the officers should follow state law and return the property.Garrecht then asked Hammond to clarify the state and federal laws, which he did.Under a Colorado law that voters approved in 2000, people suffering from debilitating medical conditions, such as cancer, HIV/AIDS, glaucoma, and chronic severe pain, are allowed to grow and smoke marijuana. Colorado is one of eight states that allows medicinal marijuana use.Nord, who has battled kidney cancer, diabetes, a lung disease, and other illnesses, is listed with the state's Medical Marijuana Registry program.But according to federal laws, none of that matters; marijuana is an illegal drug for everyone.Hammond also directed the judge's attention to part of the state law that says that property seized from someone registered to use medicinal marijuana should not be harmed or neglected and should be returned. "All of a sudden, this marijuana they seized under a state order now becomes federal property," Hammond said. "My suspicion, judge, is they're just trying to do an end run around this case."After the search, Nord was issued a citation for the possession of between 1 and 8 ounces of marijuana and possession of drug paraphernalia. Those charges were dismissed, Garrecht said, because the citation was filed late.Garrecht asked why those charges were filed in a county court, and Guerette replied that he was not sure, but that it didn't matter because the marijuana and growing equipment are now federal property. He also said that it was clear that GRAMNET officers operated under federal laws.Hammond cited an Oregon Court of Appeals decision in which marijuana was seized from a man who was allowed to use it for medicinal purposes. Federal officers argued it would violate federal law to return the drug, but a local court said the drug should be returned, a decision which was upheld by the appeals court.Guerette said the Oregon court's decisions were not binding for this county, but Garrecht said that because neither lawyer was aware of a similar case for Colorado, the Oregon case offered some important precedent, which he used in making his decision.Garrecht then ordered that the seized property be returned. Hammond said that the marijuana plants were uprooted so they probably had died, and Garrecht responded that those would not be returned.Two ounces of usable marijuana, along with containers, a 1,000-watt bulb, pipes, a scale, rolling papers and several other items were ordered to be returned within 21 days. Some of those items, Guerette said during court, had been shipped to a federal lab in San Francisco.Before the hearing ended, Hammond said, "Your honor, my client just asked me if he can grow marijuana again."Garrecht replied that he did not give out legal advice.Note: County court sides with state law.Newshawk: The GCWSource: Steamboat Pilot & Today, The (CO)Author: Susan Bacon Published: December 9, 2003Copyright: 2003 The Steamboat Pilot & TodayContact: editor steamboatpilot.comWebsite: http://www.steamboatpilot.com/Related Article & Web Site:Marijuana Policy Projecthttp://www.mpp.org/Medicinal Marijuana Conflict http://cannabisnews.com/news/thread17927.shtmlCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml 
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Comment #2 posted by FoM on December 10, 2003 at 08:22:58 PT
Related Article from The Associated Press
Federal Authorities Balk at Order to Return Medical MarijuanaDecember 10, 2003DENVER (AP) - Despite a judge's order, federal authorities say they don't want to return marijuana to a Colorado man who said he needs it to ease symptoms of cancer and other ailments.A Routt County judge this week ordered authorities to return 2 ounces of the drug to Don Nord, whose Hayden home was raided by federal officials in October.''Obviously, this case has the potential of going a whole lot further than just this court,'' Judge James Garrecht said Monday after issuing his decision. ''This may be a precedent-setting case a whole lot further down the road.''Deputy District Attorney Marc Guerette declined comment on the ruling and said he wasn't sure whether he would pursue an appeal.Nord's attorney wants the pot growing equipment and marijuana plants returned to his client, but federal officials are balking.''The U.S. Drug Enforcement Administration is not in the habit of returning illegal contraband,'' DEA spokesman Dan Reuter said Tuesday.At issue is the gulf between federal law barring marijuana cultivation and possession, and eight states, including Colorado, that allow it for certain medical uses.Nord, 57, has battled cancer and diabetes and suffers chronic pain. He obtained a state certificate allowing him to use marijuana for medical reasons.Despite that, he was ticketed for misdemeanor drug possession. The charges were dismissed because the government lost its copy of the ticket.Defense attorney Kristopher Hammond asked Garrecht to order authorities to return Nord's three marijuana plants, his marijuana and his equipment. The judge agreed, giving federal officials 21 days.Jeff Dorschner, spokesman for the Colorado U.S. attorney, said staff will review the judge's order for the return of the marijuana.DEA officials have said Nord's three marijuana plants probably are dead, since agents uprooted them when they were seized.Before Monday's hearing ended, Hammond said: ''Your honor, my client just asked me if he can grow marijuana again.''Garrecht replied that he did not give out legal advice.Copyright: 2003 Associated Presshttp://www.trib.com/AP/wire_detail.php?wire_num=4322
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Comment #1 posted by FoM on December 09, 2003 at 13:00:17 PT
Related Article from The Associated Press
County Judge Backs Colorado Medical Marijuana LawDecember 09, 2003STEAMBOAT SPRINGS, Colo. (AP) - Despite federal law barring the medical use of marijuana, a county judge ordered authorities to return 2 ounces of the drug to a man who says he needs it to help ease the symptoms of cancer.''Obviously, this case has the potential of going a whole lot further than just this court,'' Routt County Judge James Garrecht said Monday after issuing his decision. ''This may be a precedent-setting case a whole lot further down the road.''Deputy District Attorney Marc Guerette declined comment on the ruling and said he wasn't sure whether he would pursue an appeal.Under a 2000 Colorado law, people suffering from debilitating medical conditions such as cancer, AIDS and chronic severe pain are allowed to grow and smoke marijuana. Colorado is one of eight states that allows medicinal marijuana use, which conflicts with federal law.Several ounces of marijuana, three marijuana plants and growing equipment were seized in October during a search of 57-year-old Don Nord's home by members of a federal drug task force. Nord is listed with the state's Medical Marijuana Registry program.Defense attorney Kristopher Hammond argued that officers should follow state law and return the property.''All of a sudden, this marijuana they seized under a state order now becomes federal property,'' Hammond told the judge.Hammond cited an Oregon court decision in which marijuana was seized from a man who was allowed to use it for medicinal purposes. Authorities said returning the drug would violate federal law, but a judge rejected the argument and was supported by the state's appeals court.Garrecht said the Oregon case offered some important precedent, which he used in making his decision.Before the hearing ended, Hammond said: ''Your honor, my client just asked me if he can grow marijuana again.''Garrecht replied that he did not give out legal advice.Copyright: 2003 Associated Presshttp://www.trib.com/AP/wire_detail.php?wire_num=2337
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