cannabisnews.com: Pot Sparks Showdown With Feds





Pot Sparks Showdown With Feds
Posted by CN Staff on December 10, 2003 at 10:01:10 PT
By Karen Abbott, Rocky Mountain News
Source: Rocky Mountain News 
State and federal authorities are fighting over Don Nord and his three marijuana plants. The case ultimately could ignite or extinguish a smoldering conflict between state and federal laws that govern the use of marijuana for medical reasons.Colorado says it's OK. The federal government says it's not. In Colorado, neither federal nor state appellate courts have addressed the issue. The three marijuana plants, meanwhile, are in a federal laboratory in San Francisco and probably are dead.
The case began when somebody told authorities in Routt County, where Nord lives, that he was growing marijuana in his home. In fact, he was.Looking into Nord's background, officers discovered he had been arrested three times for marijuana-related offenses: for possessing it in 1988 and for growing it in 1989 and 2002, according to court documents.The outcome of those arrests could not immediately be determined Tuesday.A task force of federal agents and local police got a search warrant from a Routt County judge and went to Nord's home. There, they seized the three marijuana plants, one to eight ounces of marijuana and Nord's special lights and other growing equipment.Nord, 57, of Hayden, has battled cancer and diabetes and suffers chronic pain. He showed the officers the Colorado certificate allowing him to use marijuana for medical reasons to no avail.The officers gave him a ticket, charging him with the misdemeanor of possessing marijuana and the petty offense of possessing marijuana paraphernalia. The ticket ordered Nord to appear in Routt County Court on Nov. 4.But the government lost its copy of the ticket and failed to file it in court by that date. Routt County Judge James Garrecht dismissed the whole thing.The district attorney could have refiled the charges, but didn't. Deputy DA Marc Guerette, who handled the case, could not be reached Tuesday.Nord's lawyer, Kristopher Hammond, asked Garrecht to order the return of Nord's three marijuana plants, his marijuana and his equipment.On Monday, Garrecht ordered the feds to give it back within 21 days.They don't want to.They've shipped Nord's marijuana to their lab in San Francisco, and they won't give it back willingly, according to DEA spokesman Dan Reuter."The U.S. Drug Enforcement Administration is not in the habit of returning illegal contraband," he said.Colorado lets people with certain illnesses and conditions, including cancer and chronic pain, smoke marijuana. With a doctor's recommendation, they can be listed on a state registry of people allowed to use the drug for medical reasons. They may grow it themselves or acquire it some other, carefully unspecified, way.Selling marijuana remains illegal under Colorado law.Federal law prohibits all possession of marijuana, in any amount, period."Under federal law, marijuana is a Schedule One controlled substance," Reuter said. "It has a high potential for addiction, and no known or approved medical uses."Colorado voters approved the medical use of marijuana in 2000 in an amendment to the state Constitution.The law specifies that, if law enforcement officials seize marijuana or related equipment from someone who has a state certificate to use it, the drug and equipment must be preserved and returned.The federal government says its law trumps state law.Also on Schedule One, along with marijuana, are LSD and heroin. Possession of those drugs potentially carry the stiffest criminal penalties. Cocaine is only a Schedule Two substance because it has legitimate medical uses, Reuter said.Jeff Dorschner, spokesman for the Colorado U.S. attorney's office, said staff will review the county judge's order for the return of the marijuana"We will then consult with DEA to determine the next steps in this matter," Dorschner said.Federal criminal charges against Nord are unlikely, however. Colorado U.S. Attorney John Suthers has said in the past that his office focuses on large drug trafficking rings, not individual users of small amounts.DEA officials have said Nord's three marijuana plants probably are dead, since agents uprooted them when they were seized.Meanwhile, Nord is glad for his county court victory, at least."He's very relieved," Hammond said. "He's looking forward to the return of his property and his medicine."Note: Routt County man wants his marijuana back from DEA.Source: Denver Rocky Mountain News (CO)Author: Karen Abbott, Rocky Mountain NewsPublished: December 10, 2003Copyright: 2003 Denver Publishing Co.Contact: letters denver-rmn.com Website: http://www.rockymountainnews.com/Related Articles & Web Site:Marijuana Policy Projecthttp://www.mpp.org/Judge: Return Marijuana http://cannabisnews.com/news/thread17940.shtmlMedicinal Marijuana Conflict http://cannabisnews.com/news/thread17927.shtml
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Comment #15 posted by The GCW on December 11, 2003 at 08:26:05 PT
This potential conflict was brought up... 
Pubdate: Sun, 14 Sep 2003
Source: Summit County Independent (CO)US CO: PUB LTE: Burning Issue
Dear Editor: ( This letter was originally sent to Colorado Attorney General Ken Salazar ) When visiting Summit County, Sept. 15, 2003, asking support for your upcoming reelection bid, I request that you address an issue our citizens support and that you stumbled with a few years back. While the clear majority of Colorado citizens voted for Amendment 20, allowing medical use of cannabis ( marijuana ) on Nov. 7, 2000, you chose to reach to the Federal Government to interfere with the will of the people by joining Governor Bill Owens, sending a joint letter to acting Federal Attorney Richard Spriggs, calling on him to enforce federal law and asking his office to prosecute anyone that prescribes, uses or cultivates any marijuana for medicinal use, thus effectively bypassing Colorado law. It is regrettable, on the one hand to ask for our vote and accept our money for that purpose, then on the other hand, show disrespect for our will. As the current overzealous Federal Government attacks citizens using cannabis for medicinal use, on the increase in California, it may become increasingly important for Colorado's Attorney General to protect Colorado citizens regard-ing this issue. Will you work hard to do that? Summit County Democrats do not support Governor Owens or the war on drugs; and we certainly don't support our Attorney General, caging humans for using a plant - and that goes double when it comes to sick citizens using cannabis to relieve pain and discomfort, within the law. For the record, Summit County citizens, indeed the majority of Colorado voters, would welcome credible drug law reform and controlling current overuse of the incarceration system. Truthfully, Stan White Dillon  http://www.mapinc.org/drugnews/v03/n1385/a06.html?1252420Pubdate: Mon, 15 Sep 2003
Source: Summit Daily News (CO)US CO: PUB LTE: Salazar Took Wrong Side On Medicinal Marijuana IssueSALAZAR TOOK WRONG SIDE ON MEDICINAL MARIJUANA ISSUE To Colorado Attorney General Ken Salazar: When visiting Summit County, asking support for your upcoming re-election bid, I request that you address an issue our citizens support and that you stumbled with a few years back. While the clear majority of Colorado citizens voted for Amendment 20, allowing medical use of cannabis ( marijuana ) on Nov. 7, 2000, you chose to reach to the federal government to interfere with the will of the people. You joined Gov. Bill Owens and sent a joint letter to acting federal attorney Richard Spriggs calling on him to enforce federal law and asking his office to prosecute anyone who prescribes, uses or cultivates any marijuana for medicinal use, thus effectively bypassing Colorado law. It is regrettable on the one hand to ask for our vote and accept our money for that purpose, then on the other hand, to show disrespect for our will. As the current, overzealous federal government attacks citizens using cannabis for medicinal use in California, it may become increasingly important for Colorado's attorney general to protect Colorado citizens regarding this issue. Will you work hard to do that? Stan White Dillon http://www.mapinc.org/drugnews/v03/n1412/a09.html?1252
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Comment #14 posted by The GCW on December 11, 2003 at 06:53:13 PT
mayan, 
Yes it is.Thank You,
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Comment #13 posted by mayan on December 11, 2003 at 06:10:26 PT
GCW...
I believe this is what you are wondering about...ABC News Pulls Reporter off Kucinich Campaign: 
http://www.kucinich.us/pressreleases/pr_121003.php
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Comment #12 posted by The GCW on December 10, 2003 at 21:37:49 PT
ekim in #10,
Your post caught My attention. Can someone fill Me in? Is there a development?
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Comment #11 posted by Nuevo Mexican on December 10, 2003 at 20:16:14 PT
Dennis discussed at Talk Left, 
Notice the intelligence of the Kucinich supporters and their statements of support vs. his detractors.Dennis gets the smart vote. Namecallers hate Dennis, the rabid right fears him, Clinton Dems fear him as well.Sample from Talkleft (from a goggle search for articles about Kucinich on his decrim stand made public last week)This issue (decrim) does have more traction with average America than people think... Just do the math. How much money is wasted on police efforts to track and capture people who have committed no other crimes? How many people are in prison for nothing aside from pot possession? How much money could the government make if they would regulate and tax it? How much of this money could schools in your neighborhood benefit from?Another:Once again, Kucinich gets it right. Best candidate so far in my opinion. Check out his site for positions on (and proposed solutions to) many of the issues that are addressed here in talkleft.Oh, and for those of you who are knocking Kucinich for presumably not explaining his solutions, please practice what you preach and tell me who is a better candidate and why.http://www.talkleft.com/archives/003229.html
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Comment #10 posted by ekim on December 10, 2003 at 18:47:39 PT
ABC pulled reporters off Dennis --Al-- Carol
:Dennis will be on CNBC at 9:00 and 10:00 pm tonight to talk about Koppel’s latest move. That is ALL I know right now and sorry but I don’t know if this is a central or eastern or mountain time – but assume Eastern…Just wanted to let you know what I do ASAP.Claudia SlateVirtual Outreach CoordinatorKucinich for Presidentwww.kucinich.us
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Comment #9 posted by ekim on December 10, 2003 at 18:33:18 PT
What is this Convention will Dems have Booths also
Jan 7 04 College Convention 2004 from Jan 7-10, 2004 02:00 PM Jack Cole Manchester NH USA At College Convention 2004, LEAP will have a booth staffed by Speakers and the executive director, Jack Cole, will be presenting January 7th at 2:00 p.m. http://www.leap.cc/events/events.php 
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Comment #8 posted by ekim on December 10, 2003 at 17:55:01 PT
Dennis must speak with Leap in NH on Drug War
Dennis please book a speaking date with a LEAP Speaker for NH. and tell the voting public that you want to change the most repressive laws on the books today.
http://www.cannabisnews.com/news/thread17917.shtmlThursday, December 11
http://www.kucinich.us/schedule.php
Concord, New Hampshire
8:00 – 8:55 a.m. 
Breakfast at coffee shop on Main St..Henniker, New Hampshire
12:00 – 12:45 p.m. 
Kucinich will speak and answer questions at New England College, Simon Center Great Room, 24 Bridge St.Lebanon, New Hampshire
2:00 - 3:15 p.m. 
Kucinich will speak and answer questions at Dartmouth Hitchcock Medical Center at One Medical Center Dr.Monday, December 15San Francisco, California
5:30 p.m.
Fundraising Reception
7:00 - 10:00 p.m.
Keynote Addresses, Panel Discussion and Q and A.
"A Celebration of Light" marks the 25th anniversary of Kucinich's Muny Light stand. With Alice Walker and many other special guests.
Unitarian Universalist Church
1187 Franklin St. at Geary, San Francisco
For reservations or info: 415-927-2004 x 75 or email sf.events kucinich.usJanuary 2004 http://www.leap.cc/events/events.php
Jan 5 04 Good Ol' Boys Club 12:00 PM Jack Cole Woodsville New Hampshire USA 
 Executive director Jack Cole explains policy at The Barge Inn on Central St. 
Jan 5 04 Bedford Rotary 07:30 AM Jack A Cole Bedford NH USA 
 Executive Director Jack A. Cole presents the case for ending drug prohibiton to the Bedford Rotary at the Sharaton Wayfare in Bedford, 121 South River Rd, Bedford, NH 
Jan 6 04 Pelham Lions Club 07:30 PM Jack A Cole Pelham NH USA 
 Executive Director Jack Cole presents "End Prohibition Now!" to the Pelham Lions Club at the Pelham Senior Citizen Center, 8 Nashua Rd, Pelham, NH 
Jan 6 04 Coral Gables Rotary 12:00 PM Jack A Cole Coral Gables FL USA 
 Judge Eleanor Schockett (retired) discusses ending drug prohibition with the Coral Gables Rotary at the University Inn, South Dixie Highway, Coral Gables, FL. 
Jan 7 04 College Convention 2004 from Jan 7-10, 2004 02:00 PM Jack Cole Manchester NH USA 
 At College Convention 2004, LEAP will have a booth staffed by Speakers and the executive director, Jack Cole, will be presenting January 7th at 2:00 p.m. 
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Comment #7 posted by Sam Adams on December 10, 2003 at 17:04:45 PT
the arrogance
"The U.S. Drug Enforcement Administration is not in the habit of returning illegal contraband," he said.Ooooh, big tough guy. Go get a real job! Imagine, somewhere out there are hardworking people, paying taxes, getting squeezed harder and harder. Probably dozens of them just to cover this one guy's paycheck. 
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Comment #6 posted by global_warming on December 10, 2003 at 14:47:17 PT
Showdown?
"On Monday, Garrecht ordered the feds to give it back within 21 days."Hmmm...21 days, that places it on New Years Eve..imagine going into 2004 with a Nord victory..What with England changing the schedule of cannabis, and the Canadian borders filling up, geez, you would think that someone might notice..I guess the powers that be are shitten little poops in their skivvys, what next, the collapse of western civilization? "If tham damn little dopers continue this onslaught, there wont be enough of us (we the people) to pay those taxes, that pay for our jobs..were all gonna be out in the street, begging.." (DEA)I suspect that the world will awaken to another sunrise, and we will continue this world, through all the -isms and intellectual explanations, "life" just seems to contradict all that ideaology. (GW)Working for Peace
-gw
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Comment #5 posted by E_Johnson on December 10, 2003 at 13:38:56 PT
Dear Santa
What I would like under my tree this year is an end to the systematic abuse of people who happen to use marijuana.
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Comment #4 posted by Virgil on December 10, 2003 at 13:38:48 PT
A new person at MJ.com
xxdr zombie is the main man with the news on the homepage of marijuana.com and he used to comment here some before taking on that job. But today there is a new person that might have accessed some more outlets that might have been under everyone's radar. The news is not these links from what he put up at MJ.com. The news is the loop is getting bigger.It is easier to put up the links to the MJ.com articles rather than opening the links. For archivial purposes the links may work longer to MJ.com than they do to the newpaper sources anyway.Who's the enemy in the war on drugs? - 
http://www.marijuana.com/article.php?sid=8107&mode=nested&order=0George Clinton Arrested on Drug Charge - http://www.marijuana.com/article.php?sid=8104&mode=nested&order=0Mexican army seizes more than 19 tons of marijuana - http://www.marijuana.com/article.php?sid=8102&mode=nested&order=0Mexican kingpin 'wanted' on I-10 - http://www.marijuana.com/article.php?sid=8101&mode=nested&order=0
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Comment #3 posted by DeVoHawk on December 10, 2003 at 12:52:25 PT
Rosenfeld, McMahon, Mussika
"Federal law prohibits all possession of marijuana, in any amount, period." This is not correct. The Fed give marijuana to Irvin Rosenfeld, George McMahon, and Elvy Mussika grown at the University of Missippi.Support Dennis Kucinich!!!
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Comment #2 posted by darwin on December 10, 2003 at 12:52:13 PT
Off topic: Dennis vs. Dean
http://www.bobharris.com/kucinichdean.htmlInteresting side by side comparison.
I'm pretty sure Dean will get the nomination, Kucinich and Nader will then make up the Green ticket, and Bush will win with 40 % of the vote. (I also predict a Gore VP)But looking at Dean's credentials, I'm not sure he's all that much of an improvement, and I won't feel bad voting for a Green again.
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Comment #1 posted by kaptinemo on December 10, 2003 at 11:46:48 PT:
The DEA could issue their agents 
ventriloquist dummies; it would make this a lot more entertaining:*"Under federal law, marijuana is a Schedule One controlled substance," Reuter said. "It has a high potential for addiction, and no known or approved medical uses."* Now, if he had one of those dummies, then maybe we could laugh at it, instead of HIM.Or perhaps Agent Reuter should dress up like Robocop - complete with the same mechanized voice - and run around all day repeating the same, increasingly factually incorrect statement. Mr. Reuter is proof positive of Sinclair Lewis's statement about what happens when a man is dependent upon NOT understanding something to earn a paycheck. 
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