News (Media Awareness Project) - US CO: Dismissal Among 16 Motions Filed At Medical Marijuana |
| Title: | US CO: Dismissal Among 16 Motions Filed At Medical Marijuana |
| Published On: | 2005-09-18 |
| Source: | Glenwood Springs Post Independent (CO) |
| Fetched On: | 2008-01-15 13:08:49 |
DISMISSAL AMONG 16 MOTIONS FILED AT MEDICAL MARIJUANA HEARING
An attorney for a former Rifle man accused in a medical marijuana case
filed a series of motions in 9th Judicial District Court in Glenwood
Springs Thursday. Public defender Jamie Roth filed 16 motions prior to Gene
Brownlee's trial, which is set for Nov. 28.
The Two Rivers Drug Enforcement Team arrested Brownlee, his wife Jennifer
Ryan, his nephew Justin Brownlee and a friend, Drew Gillespie, on Aug. 2,
2004, in Rifle. TRIDENT had staked out the apartment on a tip from the
caretaker of the apartment complex.
TRIDENT seized 130 marijuana plants from Brownlee and Ryan's apartment.
Ryan maintained she was certified to grow and administer marijuana for
medical purposes. Legally, she could have up to six plants or as many as
she felt necessary to treat a given medical condition.
Brownlee contends he could grow pot legally because he has cancer.
According to the law, both medical marijuana users and their caregivers, in
this case Brownlee and Ryan respectively, can possess up to six plants, of
which no more than three can be in flower, or as many plants as they feel
necessary to treat a given medical condition.
Ryan's case was dismissed in June on the grounds that sheriff's deputies
illegally destroyed evidence, namely the marijuana plants.
The law stipulates that the plants taken in evidence must be kept alive
during court proceedings and returned to the defendant if he or she is
found not guilty of charges. However, the TRIDENT officers who seized the
plants admitted in court they destroyed the plants, keeping only one leaf
and pictures for evidence.
The dismissal was timely because the U.S. Supreme Court had recently
decided that medical marijuana growers in states where the practice is
legal could still face federal charges.
At Brownlee's hearing Thursday, Roth submitted one motion to dismiss the
case based on destruction of evidence, and two motions based on suppression
of evidence. The last two motions will be argued by both sides at a court
hearing Oct. 4.
Brownlee is charged with various counts of possession of marijuana with
intent to distribute.
An attorney for a former Rifle man accused in a medical marijuana case
filed a series of motions in 9th Judicial District Court in Glenwood
Springs Thursday. Public defender Jamie Roth filed 16 motions prior to Gene
Brownlee's trial, which is set for Nov. 28.
The Two Rivers Drug Enforcement Team arrested Brownlee, his wife Jennifer
Ryan, his nephew Justin Brownlee and a friend, Drew Gillespie, on Aug. 2,
2004, in Rifle. TRIDENT had staked out the apartment on a tip from the
caretaker of the apartment complex.
TRIDENT seized 130 marijuana plants from Brownlee and Ryan's apartment.
Ryan maintained she was certified to grow and administer marijuana for
medical purposes. Legally, she could have up to six plants or as many as
she felt necessary to treat a given medical condition.
Brownlee contends he could grow pot legally because he has cancer.
According to the law, both medical marijuana users and their caregivers, in
this case Brownlee and Ryan respectively, can possess up to six plants, of
which no more than three can be in flower, or as many plants as they feel
necessary to treat a given medical condition.
Ryan's case was dismissed in June on the grounds that sheriff's deputies
illegally destroyed evidence, namely the marijuana plants.
The law stipulates that the plants taken in evidence must be kept alive
during court proceedings and returned to the defendant if he or she is
found not guilty of charges. However, the TRIDENT officers who seized the
plants admitted in court they destroyed the plants, keeping only one leaf
and pictures for evidence.
The dismissal was timely because the U.S. Supreme Court had recently
decided that medical marijuana growers in states where the practice is
legal could still face federal charges.
At Brownlee's hearing Thursday, Roth submitted one motion to dismiss the
case based on destruction of evidence, and two motions based on suppression
of evidence. The last two motions will be argued by both sides at a court
hearing Oct. 4.
Brownlee is charged with various counts of possession of marijuana with
intent to distribute.
Member Comments |
No member comments available...
