VALLARIO STOKED ABOUT POT BUST

Garfield County Sheriff Lou Vallario on Thursday applauded his drug
team's Aug. 2 arrest of a Rifle family that grows medical marijuana.

The undercover drug team netted four arrests that day, but the people
who were arrested say they are allowed by state law to grow pot for
medical reasons.

Despite those objections, Vallario, who serves as vice chairman of the
TRIDENT Board, commended the team.

"This was done the right way. Somebody provided the information for
us, and we made the arrest. I thought it was a perfect case to come
back on," Vallario said.

TRIDENT first received a report that there was a marijuana growing
operation from a citizen's report. The team then conducted 24-hour
surveillance on the apartment for 21U2 days before making the bust
outside of the apartment.

The marijuana bust was the first since TRIDENT temporarily suspended
its operations in February and it came less than a week after 9th
Judicial District Attorney Mac Myers penned a statement in which he
called TRIDENT "the sloppiest, most poorly managed law enforcement
agency I have seen in my 25 years working in the criminal justice system."

According to the arrest affidavit, Gene Brownlee, 34, and his wife
Jennifer Ryan, 21, both told police they were growing the marijuana
legally. The couple, along with Justin Brownlee and Drew Gillespie,
both 19, all were arrested outside of 545 Park Ave. in Rifle.

"Mr. Brownlee told us that he believed that they were permitted to
grow three marijuana plants 'in flower' and three marijuana plants
'not in flower,' per person with a permit," the affidavit, written by
TRIDENT officer Anthony Kornasiewicz said. "When we pointed out that
there were many more plants than that growing in his apartment, he
told us that the law allowed him to grow 'as many as
necessary.'"

Brownlee told officers he is on the registry because he has terminal
cancer.

Vallario said that once TRIDENT officers were told the family was on
the registry, his team checked on the legitimacy of the couple's claim
that they were growing the pot legally.

The officers found out that while some of the pot might have been
legal, there were many more plants than the state's medical marijuana
program allows.

"The TRIDENT guys are very familiar with that law because they don't
want to violate people's rights," Vallario said.

According to state law, those allowed to possess medical marijuana can
have a total of six pot plants, three of which can be mature. Aside
from the plants, medical marijuana registrants can possess up to two
useable ounces of pot.

In all, there were 131 plants in the apartment, according to
TRIDENT.

Ryan told police she was a registered caregiver for five patients who
are allowed to use medical marijuana, but even with that many
patients, she was still over the state threshold, Vallario said.

"We added it up and there were too many plants," Vallario
said.

Brownlee was once on the medical marijuana registry, but he has since
been "removed or suspended" from it, Vallario said.

"We verified it. The guys took the time to call the medical marijuana
registry," Vallario said.

In addition to the high number of plants and Brownlee's apparent
suspension from the medical marijuana registry, two people arrested
that day told police that some of the pot was sold and traded.

According to the affidavit, Brownlee's nephew, Justin Brownlee, told
police he "assisted in the selling of marijuana grown by Gene and
Jennifer in the past, and that he has obtained marijuana from them for
his own use."

Gillespie said he also helped sell Ryan and Brownlee's pot and said
"he has also been paid a part of his wages in marijuana on several
occasions by them when they were short of money," the affidavit said.
Gillespie works for Brownlee.

Both Gene Brownlee and Ryan told police they never sold their
marijuana to anyone without a permit.

Contrary to Brownlee's statements that there were 20 to 30 officers at
the house during the raid, there were only about 10, Vallario said.

"There were considerably less than 20 or 30," he said.

The claim has fueled public speculation that TRIDENT is an overly
aggressive, military-styled organization, a sentiment that Vallario
regrets.

"I would hope, especially in Garfield County where we've received so
much support, that people understand there's a reason for the helmets
and the vests," he said. "I guess what concerns me is that people
might be misled as to what TRIDENT does by what these people say publicly."

Vallario said that while he'll abide by the law that allows marijuana
to be used for medical purposes - Amendment 20 of the Colorado
Constitution - that doesn't mean he likes it.

"I don't agree with it. I'm not a supporter," he said.

In fact, Vallario said he thinks possession of marijuana should be a
felony.

"I don't consider it medicine," he said. "Medically, they haven't
convinced me personally that you have to smoke marijuana to solve
things. I think there should be another way. I think there are people
who abuse that for their own personal drug usage."

Vallario also explained why he called the medical marijuana law
"stupid" in a story in another newspaper.

"The point I was getting at is there's no backside to this," he said.
"They're allowing people to possess it and grow it, but somebody had
to get it illegally to begin with."

According to the amendment, people with cancer, glaucoma, those who
are HIV/AIDS positive, people with cachexia, severe pain, severe
nausea, seizures - including those that are characteristic of epilepsy
- - or those with persistent muscle spasms - including those that are
characteristic of multiple sclerosis - are eligible to become part of
the medical marijuana program.

A patient diagnosed with a debilitating condition that may be
alleviated by the medical use of marijuana can apply to the Colorado
Department of Public Health and Environment for a Medical Marijuana
Registry identification card.