MEDICAL MARIJUANA CASE GOES TO COURT

One of the defendants in a medical marijuana case, Gene Brownlee, appeared
before District Court Judge Thomas Ossola Thursday. After a preliminary
hearing on the evidence in the case, Ossola, standing in for District Court
Judge James Boyd, bound Brownlee over for arraignment on Feb. 10.

Brownlee, 34; his wife, Jennifer Ryan, 21; Justin Brownlee and Drew
Gillespie, both 19, were arrested at 545 Park Ave. in Rifle on Aug. 2 and
charged with growing and selling marijuana.

Brownlee and Ryan told Two Rivers Drug Enforcement Team officers they
believed they were permitted to grow it because Brownlee has terminal cancer.

Justin Brownlee will be arraigned Jan. 27. Gillespie entered a plea of
guilty on a charge of cultivating marijuana. Ryan pleaded not guilty to the
same charge. A jury trial is set for April 5, 6, 7 and 12.

Gene Brownlee told arresting officers he could grow pot legally because he
has terminal cancer. Under the Medical Marijuana Registry Program, patients
with a debilitating condition that marijuana may alleviate can apply to the
program. Those allowed to possess marijuana can have a total of six plants,
three of which can be mature. They can also possess up to 2 usable ounces
of marijuana

In all, TRIDENT officers found 131 marijuana plants in the apartment.

Ryan also told police she was a registered caregiver for five patients who
are allowed to use medical marijuana. But even with that many patients,
Ryan was over the state limit. Brownlee and Ryan told police they never
sold their marijuana to anyone without a permit.

TRIDENT officers testified during the hearing Thursday that a caretaker at
the Park Avenue Apartments in Rifle was spraying for hornets on July 30 and
smelled a "chemical odor" coming from a clothes dryer vent. Greg Little
called the owner of the complex, who asked him to check the apartment.
Little entered and found marijuana plants growing inside.

TRIDENT staked out the apartment for three days and made the arrests Aug. 2.

After hearing closing statements from Brownlee's attorney, public defender
Jamie Roth, and deputy district attorney Jeff Cheney, Ossola said probable
cause for a criminal act had been demonstrated and Brownlee could be bound
over for trial.