News (Media Awareness Project) - US CO: Couple To Sue Over Police Destroying Pot |
| Title: | US CO: Couple To Sue Over Police Destroying Pot |
| Published On: | 2008-08-21 |
| Source: | Fort Collins Coloradoan (CO) |
| Fetched On: | 2008-08-25 12:29:12 |
COUPLE TO SUE OVER POLICE DESTROYING POT
A Fort Collins couple is planning to sue the city and Larimer County
for more than $200,000 after police officers destroyed their 39
marijuana plants two years ago.
Last year in court, James and Lisa Masters successfully showed that
city police illegally seized their plants following a raid at their
home on Aug. 2, 2006. Judge James Hiatt in December ordered the city
to return the seized pot plants, which by then were dead.
The couple said they use the marijuana for medicinal reasons, growing
some for their personal use and dispensing the rest to other people
registered under the state's medical marijuana law.
And they say that state law, enshrined in the state Constitution as
Amendment 20, required the government to maintain their plants, in
much the same way a dog seized as evidence would be fed and cared for.
"The Masters suffer from debilitating medical conditions that were
made worse by the stress of this lengthy case," their lawyer, Rob
Corry Jr., wrote in a letter to the city and county declaring plans to
sue. "Their valuable medical marijuana was taken away and killed in
violation of Colorado law."
City and county officials say federal law requires them to destroy the
plants, or at the very least not care for them. A spokesman for
Colorado Attorney General John Suthers said questions about whether
agencies must care for live plants would be best answered by the
Colorado Department of Public Health, which runs the state's medical
marijuana registry. A CDPHE spokesman referred questions to Suthers'
spokesman.
The case could end up having statewide implications, by forcing a
judge to decide whether the state or federal law takes precedence.
For James Masters, however, it has much more important considerations.
Lisa Masters has been hospitalized for five weeks with a
life-threatening blood disorder that may be related to the
fibromyalgia for which she uses marijuana. That medical care has cost
the family more than $600,000, James Masters said.
"It's been a real struggle, but we're not giving up on it," he said
this week. "I've committed my life to this."
The couple runs one of the city's first marijuana dispensaries,
selling what they consider to be medical-grade pot for about $45 an
ounce.
They used the federal government's estimates of what marijuana is
worth to settle on the approximately $202,000 they are seeking, or
$5,200 per plant.
City officials are set to meet in the next two weeks to determine a
response to the Masters' pending lawsuit. The city could offer the
couple a settlement, offer to pay the entire claim amount, or decide
to fight the claim in court. Pending that decision, city officials
declined to comment.
Larimer County sheriff's deputies last week seized more than 200 live
marijuana plants from another local couple who said they were growing
it for medicinal purposes, their second arrest in two years under the
same circumstances.
Larimer County Sheriff Jim Alderden said he had no plans to maintain
the plants while the courts rule on the new case.
20, required the government to maintain their plants, in much the same
way a dog seized as evidence would be fed and cared for.
"The Masters suffer from debilitating medical conditions that were
made worse by the stress of this lengthy case," their lawyer, Rob
Corry Jr., wrote in a letter to the city and county declaring plans to
sue. "Their valuable medical marijuana was taken away and killed in
violation of Colorado law."
City and county officials say federal law requires them to destroy the
plants or at the very least not care for them. A spokesman for
Colorado Attorney General John Suthers said questions about whether
agencies must care for live plants would be best answered by the
Colorado Department of Public Health, which runs the state's medical
marijuana registry. A CDPHE spokesman re-ferred questions to Suthers'
spokesman.
The case could end up having statewide implications, by forcing a
judge to decide whether the state or federal law takes precedence.
For James Masters, however, it has much more important considerations.
Lisa Masters has been hospitalized for five weeks with a
life-threatening blood disorder that may be related to the
fibromyalgia for which she uses marijuana. That medical care has cost
the family more than $600,000, James Masters said.
"It's been a real struggle, but we're not giving up on it," he said
this week. "I've committed my life to this."
The couple runs one of the city's first marijuana dispensaries,
selling what they consider to be medical-grade pot for about $45 an
ounce.
They used the federal government's estimates of what marijuana is
worth to settle on the approximately $202,000 they are seeking, or
$5,200 per plant.
City officials are set to meet in the next two weeks to determine a
response to the Masters' pending lawsuit. The city could offer the
couple a settlement, offer to pay the entire claim amount, or decide
to fight the claim in court. Pending that decision, city officials
declined to comment.
Larimer County sheriff's deputies last week seized more than 200 live
marijuana plants from another local couple who said they were growing
it for medicinal purposes, their second arrest in two years under the
same circumstances.
Larimer County Sheriff Jim Alderden said he had no plans to maintain
the plants while the courts rule on the new case.
[sidebar]
Excerpt from Colorado's Amendment 20
(e) Any property interest that is possessed, owned, or used in
connection with the medical use of marijuana or acts incidental to
such use, shall not be harmed, neglected, injured, or destroyed while
in the possession of state or local law enforcement officials where
such property has been seized in connection with the claimed medical
use of marijuana. Any such property interest shall not be forfeited
under any provision of state law providing for the forfeiture of
property other than as a sentence imposed after conviction of a
criminal offense or entry of a plea of guilty to such offense.
Marijuana and paraphernalia seized by state or local law enforcement
officials from a patient or primary care-giver in connection with the
claimed medical use of marijuana shall be returned immediately upon
the determination of the district attorney or his or her designee that
the patient or primary care-giver is entitled to the protection
contained in this section as may be evidenced, for! example, by a
decision not to prosecute, the dismissal of charges, or acquittal.
A Fort Collins couple is planning to sue the city and Larimer County
for more than $200,000 after police officers destroyed their 39
marijuana plants two years ago.
Last year in court, James and Lisa Masters successfully showed that
city police illegally seized their plants following a raid at their
home on Aug. 2, 2006. Judge James Hiatt in December ordered the city
to return the seized pot plants, which by then were dead.
The couple said they use the marijuana for medicinal reasons, growing
some for their personal use and dispensing the rest to other people
registered under the state's medical marijuana law.
And they say that state law, enshrined in the state Constitution as
Amendment 20, required the government to maintain their plants, in
much the same way a dog seized as evidence would be fed and cared for.
"The Masters suffer from debilitating medical conditions that were
made worse by the stress of this lengthy case," their lawyer, Rob
Corry Jr., wrote in a letter to the city and county declaring plans to
sue. "Their valuable medical marijuana was taken away and killed in
violation of Colorado law."
City and county officials say federal law requires them to destroy the
plants, or at the very least not care for them. A spokesman for
Colorado Attorney General John Suthers said questions about whether
agencies must care for live plants would be best answered by the
Colorado Department of Public Health, which runs the state's medical
marijuana registry. A CDPHE spokesman referred questions to Suthers'
spokesman.
The case could end up having statewide implications, by forcing a
judge to decide whether the state or federal law takes precedence.
For James Masters, however, it has much more important considerations.
Lisa Masters has been hospitalized for five weeks with a
life-threatening blood disorder that may be related to the
fibromyalgia for which she uses marijuana. That medical care has cost
the family more than $600,000, James Masters said.
"It's been a real struggle, but we're not giving up on it," he said
this week. "I've committed my life to this."
The couple runs one of the city's first marijuana dispensaries,
selling what they consider to be medical-grade pot for about $45 an
ounce.
They used the federal government's estimates of what marijuana is
worth to settle on the approximately $202,000 they are seeking, or
$5,200 per plant.
City officials are set to meet in the next two weeks to determine a
response to the Masters' pending lawsuit. The city could offer the
couple a settlement, offer to pay the entire claim amount, or decide
to fight the claim in court. Pending that decision, city officials
declined to comment.
Larimer County sheriff's deputies last week seized more than 200 live
marijuana plants from another local couple who said they were growing
it for medicinal purposes, their second arrest in two years under the
same circumstances.
Larimer County Sheriff Jim Alderden said he had no plans to maintain
the plants while the courts rule on the new case.
20, required the government to maintain their plants, in much the same
way a dog seized as evidence would be fed and cared for.
"The Masters suffer from debilitating medical conditions that were
made worse by the stress of this lengthy case," their lawyer, Rob
Corry Jr., wrote in a letter to the city and county declaring plans to
sue. "Their valuable medical marijuana was taken away and killed in
violation of Colorado law."
City and county officials say federal law requires them to destroy the
plants or at the very least not care for them. A spokesman for
Colorado Attorney General John Suthers said questions about whether
agencies must care for live plants would be best answered by the
Colorado Department of Public Health, which runs the state's medical
marijuana registry. A CDPHE spokesman re-ferred questions to Suthers'
spokesman.
The case could end up having statewide implications, by forcing a
judge to decide whether the state or federal law takes precedence.
For James Masters, however, it has much more important considerations.
Lisa Masters has been hospitalized for five weeks with a
life-threatening blood disorder that may be related to the
fibromyalgia for which she uses marijuana. That medical care has cost
the family more than $600,000, James Masters said.
"It's been a real struggle, but we're not giving up on it," he said
this week. "I've committed my life to this."
The couple runs one of the city's first marijuana dispensaries,
selling what they consider to be medical-grade pot for about $45 an
ounce.
They used the federal government's estimates of what marijuana is
worth to settle on the approximately $202,000 they are seeking, or
$5,200 per plant.
City officials are set to meet in the next two weeks to determine a
response to the Masters' pending lawsuit. The city could offer the
couple a settlement, offer to pay the entire claim amount, or decide
to fight the claim in court. Pending that decision, city officials
declined to comment.
Larimer County sheriff's deputies last week seized more than 200 live
marijuana plants from another local couple who said they were growing
it for medicinal purposes, their second arrest in two years under the
same circumstances.
Larimer County Sheriff Jim Alderden said he had no plans to maintain
the plants while the courts rule on the new case.
[sidebar]
Excerpt from Colorado's Amendment 20
(e) Any property interest that is possessed, owned, or used in
connection with the medical use of marijuana or acts incidental to
such use, shall not be harmed, neglected, injured, or destroyed while
in the possession of state or local law enforcement officials where
such property has been seized in connection with the claimed medical
use of marijuana. Any such property interest shall not be forfeited
under any provision of state law providing for the forfeiture of
property other than as a sentence imposed after conviction of a
criminal offense or entry of a plea of guilty to such offense.
Marijuana and paraphernalia seized by state or local law enforcement
officials from a patient or primary care-giver in connection with the
claimed medical use of marijuana shall be returned immediately upon
the determination of the district attorney or his or her designee that
the patient or primary care-giver is entitled to the protection
contained in this section as may be evidenced, for! example, by a
decision not to prosecute, the dismissal of charges, or acquittal.
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