cannabisnews.com: Pot Case Off To Federal Court Pot Case Off To Federal Court Posted by CN Staff on March 10, 2004 at 15:28:56 PT By Susan Bacon, Pilot & Today Staff Source: Steamboat Pilot & Today A case involving contempt citations for officers who seized medicinal marijuana from a Hayden man last fall will be heard in federal court, a judge ruled Tuesday. In his order, U.S. District Court Judge Walker Miller emphasized that the "threshold question" before him was whether the case should go to a federal court. "After review of the evidence and arguments, I conclude that they should be," he wrote. The bigger question of whether the officers should be held in contempt of court because they did not return marijuana as ordered by a state judge will be decided by Walker in the coming months.The case has highlighted conflicting state and federal laws. According to a voter-approved law, Colorado allows use of marijuana for medicinal purposes. Under federal rules, the drug is illegal.Hayden resident Don Nord, who is a registered medicinal marijuana user, went to court in November to get marijuana and growing equipment that was seized from him Oct. 14. After Routt County Judge James Garrecht ordered the officers to return the items, the growing equipment was returned, but the marijuana was not. At Nord's request, Garrecht held the officers in contempt of court, and the U.S. Attorney's Office entered the case, asking the case be heard in a federal court. One of the officers held in contempt is a U.S. Drug Enforcement Administration agent and the others are members of the federal task force GRAMNET, the Grand, Routt and Moffat Narcotics Enforcement Team.Miller agreed with the U.S. Attorney's Office's arguments on why the case should be heard in a federal court.In his order, he said that it is "well established" that cases involving contempt citations against federal officials for not following a state court order can be removed to a federal court.The U.S. Attorney's Office had to show that the officers involved were federal officers or acting under a federal officer, that their action followed federal rules and that they had a "colorable federal defense." All of those requirements were met, Miller wrote. Miller further said that Nord's arguments to keep the case in state court, which were made through attorney Kristopher Hammond, were "misdirected" and confused the issue. The argument that the removal was filed too late does not hold, Miller wrote.Nord's argument that marijuana may be legally possessed with a doctor's order has not yet been decided by the U.S. Supreme Court, Miller said, but the court said in a 2001 decision that five justices might rule that medical necessity is not a defense.The U.S. Attorney's Office had no comment on Miller's ruling.Hammond said that the ruling "obviously (is) not what we wanted." Driving to Denver will be difficult, he said. However, he said, Miller should rule how he thinks the state court would have ruled and apply the same laws."We want the federal judge to tell GRAMNET that they have to obey the law," Hammond said.Nord or anyone who wants to oppose the motion to dismiss the contempt charges should file a response by March 29, with the U.S. Attorney's Office responding by April 4.Note: Federal judge makes ruling on medical marijuana seizure case.Newshawk: The GCWSource: Steamboat Pilot & Today, The (CO)Author: Susan Bacon, Pilot & Today Staff Published: Wednesday, March 10, 2004 Copyright: 2004 The Steamboat Pilot & TodayContact: editor steamboatpilot.comWebsite: http://www.steamboatpilot.com/Related Articles & Web Sites:Don Nordhttp://www.donnord.org/ Colorado Cannabishttp://www.coloradocannabis.com/Community Bands in Marijuana Battle http://cannabisnews.com/news/thread18414.shtmlOur View: Marijuana's Legality http://cannabisnews.com/news/thread18320.shtmlNord's Pot Case Goes To Denver http://cannabisnews.com/news/thread18265.shtml Home Comment Email Register Recent Comments Help Comment #4 posted by kaptinemo on March 11, 2004 at 01:47:13 PT: Mayan, thanks for the link about the widows I don't listen to Mr. Roger Christie (why doesn't he use his real name?) by choice, so I had no idea he had done this. I'd been wondering what price his 'treatment' would exact on his mind; we now have the answer to Ms(? I have my doubts). Coulter's observation of "If he was great on drugs, just imagine what he'd be like without them!" We need 'imagine' no longer. "Rush" has proven himself a filthy little opportunistic swinish tool of the lowest order for attacking the 9/11 widows. If anyone has any doubts that the *real* power behind the Republican Party has it's hand up where the sun doesn't shine and is manipulating his mouth, this removes them. He's a disgrace to all true patriots. [ Post Comment ] Comment #3 posted by The GCW on March 10, 2004 at 19:20:28 PT Jamaica is destined. Jamaica: ganja paradise http://www.hempbc.com/articles/3377.htmlNearly 30 years ago, a Jamaican government panel recommended that Jamaica decriminalize marijuana. The recommendation was stalled by US pressure, and was never implemented.Five years ago, the government set up a commission to review the country's ganja laws. The commission studied ganja in Jamaica and Holland, and heard testimony from hundreds of people across Jamaica. Three years ago, the commission recommended decriminalizing ganja. And yet, that recommendation has also stalled- instead of following the recommendation, the government created a parliamentary committee to study the commission's report.The committee last year recommended that Parliament decriminalize ganja. Parliament sought advice on how to do this, from Jamaican Solicitor General Michael Hylton.Hylton studied international anti-narcotics treaties, and told Parliament effective decrim would be tricky, given that treaties require at least some official sanctions against all possession, use and cultivation of marijuana. Parliament responded by saying it might vote on the matter this month.CONT. [ Post Comment ] Comment #2 posted by mayan on March 10, 2004 at 18:16:41 PT Federal Bias? In his order, he said that it is "well established" that cases involving contempt citations against federal officials for not following a state court order can be removed to a federal court.The federal court wouldn't possibly show any bias towards the federal officials now would they? Heck, let's just do away with the states and let the feds control everything! The way out is the way in...Two 9/11 Widows Respond to Rush Limbaugh Attacks: http://tomflocco.com/modules.php?name=News&file=article&sid=42&mode=&order=0&thold=09/11 widows Seek Apology from Limbaugh Over Slanderous Claims: http://www.911citizenswatch.org/modules.php?op=modload&name=News&file=article&sid=116&mode=thread&order=0&thold=0Mike Ruppert Joins 9/11-Bush Phone/Fax/Email Push: http://rense.com/general50/911.htmFrustrated 9/11 Sister Seeks House/Senate Help For Public Testimony From President Bush: http://tomflocco.com/modules.php?name=News&file=article&sid=41WORLDWIDE 9/11 PHONE, FAX & EMAIL CAMPAIGN: http://www.septembereleventh.org/alerts.php9/11 International Inquiry - San Francisco, March 26-28th: http://www.911inquiry.org/ [ Post Comment ] Comment #1 posted by FoM on March 10, 2004 at 17:55:57 PT Related News Article from Rocky Mountain News Medical Marijuana Case Going To Federal CourtBy Rocky Mountain NewsMarch 10, 2004A federal judge ruled Tuesday that the federal court, not state court, is the right place to decide a dispute over conflicting laws governing the use of medical marijuana.Denver U.S. District Judge Walker Miller ruled in the case of Donald Nord, of Hayden, who is certified by Colorado as a legal user of marijuana for medical reasons. Nord's marijuana was seized by a federal agent and local law enforcement officers. State charges against Nord later were dismissed, and a Routt County judge ordered the marijuana returned. It wasn't, and Nord sought a contempt citation against the officers involved. Federal lawyers then asked to move the case to federal court.Copyright: 2004: The E.W. Scripps Co.http://www.rockymountainnews.com/drmn/state/article/0,1299,DRMN_21_2717170,00.html [ Post Comment ] Post Comment