cannabisnews.com: Federal Authorities Refuse To Return Marijuana Federal Authorities Refuse To Return Marijuana Posted by CN Staff on December 29, 2003 at 18:00:12 PT By Jon Sarche, Associated Press Writer Source: Associated Press Denver -- In a clash between state and federal law, a Routt County man whose medical marijuana was seized in a law enforcement raid was still waiting to get it back Monday, the deadline set by a county judge for the government to return the marijuana.A federal officials said the government had no intention of giving it back. Nine officers in a drug task force made up of local and federal officers seized the drug and other items from Hayden resident Don Nord in October. Routt County Judge James Garrecht had given the Drug Enforcement Administration until Monday to return two ounces of the drug to Nord, who is registered in the state medical marijuana program.DEA spokesman Bill Grant said the agency wasn't bound by the order.''Federal law supersedes state law and the federal government does not recognize the medicinal use of marijuana,'' he said.Nord's attorney, Kristopher Hammond, said the DEA has no jurisdiction in the case because Nord's home was searched, and the marijuana seized, under orders from a state judge.Hammond said he would ask Garrecht to find the agency in contempt.''There's nothing federal about this case,'' Hammond said. ''The feds can't just steal the marijuana and therefore make it federal property.''Nord, 57, had been ticketed for misdemeanor drug possession, but the charges were dismissed because the government lost its copy of the ticket.Colorado is among nine states with laws allowing the infirm to grow or smoke marijuana with a doctor's recommendation. Nord, who has battled cancer, diabetes and other ailments, has a certificate from the state allowing him to use the drug under a voter-approved 2000 constitutional amendment.The government earlier this month returned to Nord some of the equipment that he had used to grow and smoke marijuana, Hammond said.Craig Police Chief Walt Vanatta, who serves on the board of the Grant, Routt and Moffat Narcotics Enforcement Team that searched Nord's home, said Monday that the case brings up sticky jurisdictional questions.''In one court it's a crime, and in another court, depending on the circumstances, it may or may not be,'' he said.He said he believed it was the first such case to reach a Colorado court.Complete Title: Federal Authorities Refuse To Return Man's Medical MarijuanaSource: Associated Press Author: Jon Sarche, Associated Press WriterPublished: December 29, 2003 Copyright: 2003 The Associated Press Related Articles:National Issue Hits Home http://cannabisnews.com/news/thread18052.shtmlSick Man Raided for Pot Can't Understand Reason http://cannabisnews.com/news/thread17962.shtmlPot Sparks Showdown With Feds http://cannabisnews.com/news/thread17950.shtml Home Comment Email Register Recent Comments Help Comment #6 posted by kaptinemo on December 30, 2003 at 05:31:08 PT: Another theme of mine...proven Namely, that when the Feds began handing out 'anti-drug' grants (namely, giveaways of the taxpayer's money) they did it with the proviso that local cops would, inevitably, become *de facto* Fed agents. This in turn undermines local and State control of police throught the budgetary mechanism.Let's say you have a guard dog. You don't want that guard dog to get too big, or it may attack you, so you can only afford to feed that guard dog kibble. But your wealthier neighbor wants to control that dog, so he undermines your control by feeding the dog steak. Soon the dog is obeying your neighbor...who tells it to attack you...and it does.That's what's been happening here in the US. Local control of LEO's is being usurped by the Feds. in effect, local LEO's have been deputized as Fed agents despite their only requirements being the prosecution of State and local laws. This is why we have a 10th Amendment in the Bill of Rights. Which the Feds wipe themselves with unconsciously every day. [ Post Comment ] Comment #5 posted by OverwhelmSam on December 30, 2003 at 03:20:23 PT: Why Have State Laws and States At All? Why do we even have state governments and laws? What's the purpose of a state legislature to represent the people?Might as well do away with all state governments and just have federal laws and police. [ Post Comment ] Comment #4 posted by Rev Jonathan Adler on December 29, 2003 at 22:30:24 PT: Feds only take orders! And our freedom, too! The feds refusal to return the medicine they took is no surprise, even if it is wrong! They refuse to honor the constitution and the Bill of Rights. They refuse to allow what the Feds have done themselves for over 30 years........ distribute marijuana. They still send off cannisters of pre-rolled joints to Elvy Mussika, Irv Rosen and 5 others who are allowed to use it for medicine by the same government who says it has NO medical benefit! Go Figure! Hypocrisy was not legislated was it!? Is hypocrisy by our officials in Washington criminal? I think the state's with marijuana laws are finding out. Maybe what's needed most is to get back to real religion. Cannabis sacrament is older than the United States by far and still helps millions every day. I suggest the Bush administaration prioritze the dismantling of the DEA section that targets medical marijuana users and distributors. Replace them with support counselors to educate people about the legal programs the government should have had in place for years. "Sacramedicine" (TM) is the solution. Crossing over from religious mandated healing to medical practice applications. We assist in the most legal fashion the law currently allows. Peace and Happy New Year! Time to focus law enforcement on our mutual safety. Stay true to our Declaration of Independence. PLEASE! Hawaii Medical Marijuana Institute. [ Post Comment ] Comment #3 posted by goneposthole on December 29, 2003 at 19:39:54 PT bit by bit dismantling of the US government pick apart the beauracracy little by little until there is nothing left. Oh wait, the neocons have done that already.give the guy his marijuana back and forget about it. [ Post Comment ] Comment #2 posted by The GCW on December 29, 2003 at 18:32:20 PT Enjoy better success: talk to a rock.Prostrate with a little bush.4204free4U&4MeIn case anyone hasn't heard: Kucinich will end cannabis prohibition. Democratic Presidential nominee, Dennis Kucinich, put in writing that as PRESIDENT He WILL: "DECRIMINALIZE MARIJUANA" -"in favor of a drug policy that sets reasonable boundaries for marijuana use by establishing guidelines similar to those already in place for alcohol." (POSTED ON His website!)http://cannabisnews.com/news/thread17917.shtml http://www.kucinich.us/issues/marijuana_decrim.php But the DEA should still have to give Don His plant material back. [ Post Comment ] Comment #1 posted by cloud7 on December 29, 2003 at 18:16:31 PT Go on Keep pushing this issue feds. I hope you fight medical marijuana with all your might and it becomes a front page, hot button issue. Once a dissenting voice becomes heard as loud as yours, your lies will crumble and you will see states exerting their rights for real. [ Post Comment ] Post Comment