MARIJUANA RETURNED TO CAREGIVER

A small amount of marijuana and drug paraphernalia was returned by
Jefferson County authorities today to a medical marijuana caregiver
who was issued a summons at Mount Falcon Park earlier this year.

Anton Marquez, 29, walked out of the Jefferson County Sheriff's
Department this afternoon with the seized items, ending what Brian
Vicente, executive director of Sensible Colorado, said was an ordeal
of six months for Marquez.

Marquez provides marijuana to his father and brother, who suffer from
epilepsy. He also takes it himself, he said, because of a brain tumor.

"I believe marijuana is the quintessential realization of the term
life, liberty and the pursuit of happiness," Marquez said.

"I need it. There are some pain levels (that other pain killers)
can't touch that some good medical marijuana can alleviate almost
instantaneously, not to mention the nausea that is associated with
intense migraines, sleeplessness and insomnia," Marquez said.

Vicente said Marquez appeared in court four times on a summons that
charged him with possessing under an ounce of marijuana and
possessing paraphernalia.

Each time he told the prosecutor that he was a medical marijuana
caregiver, presented a copy of his Medical Marijuana registry card to
the prosecutor and told the prosecutor she should dismiss the case,
Vicente said.

"The law could not be more clear - that when presented with a medical
marijuana caregiver card or a patient card, the case is to be
dropped," Vicente said.

Finally, Vicente said, Marquez went to Sensible Colorado.

"I met with the prosecutor and I said, 'Listen, you have to drop this
charge, you have no case'," Vicente said. "And she said, 'Oh, ok, I
guess you are right. We are not going to bring charges'. And
ultimately, a judge agreed."

The judge, Roy Olson of the Jefferson County Court, also ordered the
seized items returned.

Pam Russell, spokesperson for the Jefferson County district
attorney's office, said that prosecutors moved for dismissal of the
case because Marquez had a medical marijuana registry card, he could
legally be in possession of the small amount of marijuana he had in
his car at the park and there was no evidence he had been smoking the
marijuana.

Marquez said that he was stopped by a Jefferson County sheriff's
deputy as he was attempting to turn around on a road in the park and
wasn't permitted to leave. He said the deputy first thought the car
was stolen - which proved not to be true - and then he spotted a
glass pipe in the car.

Marquez said he explained why he had the pipe and marijuana.

"What we would like to see is police and prosecutors simply not bring
these charges and not cite individuals who are indeed state licensed
to possess and cultivate marijuana," Vicente said.