cannabisnews.com: U.S. Attorney Enters Marijuana Case U.S. Attorney Enters Marijuana Case Posted by CN Staff on January 27, 2004 at 07:42:18 PT By Susan Bacon, Pilot & Today Staff Source: Steamboat Pilot & Today The U.S. Attorney's Office has asked a federal judge to dismiss contempt citations against six federal agents who seized marijuana from a Hayden man with a medicinal marijuana permit.In a simultaneous action, the U.S. Attorney's Office removed the case from the state court, taking the case -- for the most part -- out of the hands of Routt County Judge James Garrecht. Garrecht issued the contempt citations Jan. 6. The U.S. Attorney's Office took its action Friday.Nine officers were involved in the Oct. 14 search, which has highlighted a conflict between a voter-approved state rule allowing medicinal marijuana and federal laws that do not allow anyone to use marijuana.The motion from the U.S. attorney asks the federal court to dismiss contempt citations for six officers who participated in the search, in which marijuana and growing equipment was taken from medical marijuana user Don Nord. One officer is a special agent for the U.S. Drug Enforcement Administration, and the other five are deputized officers of the DEA through the Grand, Routt and Moffat Narcotics Enforcement Team.The other three officers are Hayden police officers and so are not federal officers. Those officers are scheduled to appear in county court before Garrecht on Feb. 2 to show why they should not be punished for contempt.Cases are removed to federal court "when there is a federal question and the government feels it necessary to intervene," said Jeff Dorschner, spokesman for the U.S. Attorney's Office.The motion to dismiss the contempt charges said that the six officers should not be held in contempt of court because of the supremacy of federal law, which considers marijuana a controlled substance that is illegal contraband.Colorado cannot, the motion said, allow someone to possess marijuana, because it pre-empts federal laws.The motion later read, "From a federal law standpoint, all actions taken by (the officers) were lawful and, indeed, furthered Congress's mandate to keep drugs off the street."The U.S. Attorney's Office offered to represent the Hayden police officers, said Hayden Police Chief Jody Lenahan, but the Hayden officers had to go through their insurance company first to determine whom their lawyers should be. Late last week, the insurance company said it would handle the case only if a lawsuit were involved.The Hayden officers are to appear in court Monday and will be represented by Hayden town attorney Michael Holloran. Dorschner said the U.S. Attorney's Office has been in limited contact with the Hayden officers, and that though the U.S. attorney is not legally representing them, the office believes the arguments for why the federal officers should not be held in contempt applies to the Hayden officers as well.The U.S. Attorney Office's request to dismiss the contempt citations will be heard by U.S. District Court Judge Walker Miller. Miller has several options, including holding a hearing for oral arguments, asking for Nord's attorney to file a response or simply giving a ruling.Attorney Kristopher Hammond, who represents Nord, said he and his client are considering their options. Traveling to Denver for hearings could be prohibitively expensive, Hammond said.The DEA agent involved in the case is Doug Cortinovis. The GRAMNET officers involved are: Dan Kelliher of the Routt County Sheriff's Office, Dwight Murphy of the Steamboat Springs Police Department, Mike Lovin of the Grand County Sheriff's Office, Jenny Hoefner of the Craig Police Department and Todd Reece of the Moffat County Sheriff's Office.Hayden officers who received contempt citations are Lenahan, Ed Corriveau and Darin Falk.Newshawk: The GCWSource: Steamboat Pilot & Today, The (CO)Author: Susan Bacon, Pilot & Today Staff Published: Tuesday, January 27, 2004 Copyright: 2004 The Steamboat Pilot & TodayContact: editor steamboatpilot.comWebsite: http://www.steamboatpilot.com/Related Articles:Feds Try To Stop State Charge in Med Pot Casehttp://cannabisnews.com/news/thread18205.shtmlU.S. Court Snags Pot Fight http://cannabisnews.com/news/thread18204.shtmlAttorney Asks To Dismiss Citations in Pot Casehttp://cannabisnews.com/news/thread18202.shtml Home Comment Email Register Recent Comments Help Comment #3 posted by FoM on January 29, 2004 at 16:58:46 PT News Article from CBS 4 Denver Medical Marijuana Law Faces Challenge In CourtJanuary 29, 2004Denver (News 4) Federal prosecutors say they will not and cannot return medical marijuana to a disabled man from Routt County. The statements came Thursday afternoon in federal court in Denver. Its the latest skirmish in a battle over Colorado's medical marijuana law. People are watching this case closely, according to the News 4 Investigates team. While this case involves just one man, it could have broader implications. A federal drug task force raided Donald Nord's home in Hayden last October. No criminal charges were ever filed, but they did seize his medical marijuana and they say they're not about to give it back. Nord limped into federal court Thursday with a cane, a bottle of oxygen, a lawyer and a little bit of attitude. "I need what they took," he said. Last fall, a drug task force raided his townhouse believing they would find a large amount of drugs and cash, News 4 reports. What they found was a 57-year-old man on a fixed income with a small amount of marijuana and a variety of ailments, including cancer. And Nord had a certificate, showing that under Colorado law, he was allowed to posess a small amount of pot. The officers, acting as federal agents, took his pot and have defied a court order to return it. They argue that federal law doesn't recognize medical mariujana as anything but contraband and that it should be destroyed. Nord says the case is no longer about just him. "If I don't step out and try to go forward with this, they can go and do the same thing to everybody else, and I don't want that to happen." In court, federal prosecutors argued that federal law criminalizes marijuana in any amount and that it should be destroyed. They said federal law overides Colorado's medical marijuana law. There was no final decision made Thursday about Nord's pot, but Nord's lawyer Kris Hammond frames this as a case of David vs. Goliath. "They're trying to push all of us around, not just Nord all voters by saying, 'We don't care about your vote, we're the feds,'" Hammond said. Federal authorities declined to comment on Thursday's court proceedings. They did return lights and other supplies Nord used to grow his medical marijuana. But they destroyed his pipes and say his marijuana is in federal custody and won't be returned. Copyright 2004 by news4colorado.comhttp://news4colorado.com/localnews/local_story_029192253.html [ Post Comment ] Comment #2 posted by OverwhelmSam on January 27, 2004 at 09:05:58 PT: 9th Circuit Ruled Against Medical Marijuana Raids "The motion to dismiss the contempt charges said that the six officers should not be held in contempt of court because of the supremacy of federal law, which considers marijuana a controlled substance that is illegal contraband."If it's unconstitutional for DEA to conduct medical marijuana raids, they should be held in contempt. This needs to go to the Appeals court if the federal judge doesn't uphold contempt in this case. [ Post Comment ] Comment #1 posted by RasAric on January 27, 2004 at 07:57:35 PT Removed to Federal Court In a simultaneous action, the U.S. Attorney's Office removed the case from the state court, taking the case -- for the most part -- out of the hands of Routt County Judge James Garrecht. Cases are removed to federal court "when there is a federal question and the government feels it necessary to intervene," said Jeff Dorschner, spokesman for the U.S. Attorney's Office.????????????????????????????????????????????????????????I think it's fair to say they're also removed to federal court as a final escape from state justice. [ Post Comment ] Post Comment