COUNTY JUDGE BACKS STATE MARIJUANA LAW

Authorities Ordered To Return Drug To Man Who Was Using It Medically

STEAMBOAT SPRINGS - Despite federal law barring the medical use of
marijuana, a county judge ordered authorities to return 2 ounces of the
drug to a man who says he needs it to help ease the symptoms of cancer.

"Obviously, this case has the potential of going a whole lot further than
just this court," Routt County Judge James Garrecht said Monday after
issuing his decision. "This may be a precedent-setting case a whole lot
further down the road."

Deputy District Attorney Marc Guerette declined comment on the ruling and
said he wasn't sure whether he would pursue an appeal.

Under a 2000 Colorado law, people suffering from debilitating medical
conditions such as cancer, AIDS and chronic severe pain are allowed to grow
and smoke marijuana. Colorado is one of eight states that allows medicinal
marijuana use, which conflicts with federal law.

Several ounces of marijuana, three marijuana plants and growing equipment
were seized in October during a search of 57-year-old Don Nord's home by
members of a federal drug task force. Nord is listed with the state's
Medical Marijuana Registry program.

Defense attorney Kristopher Hammond argued that officers should follow
state law and return the property.

"All of a sudden, this marijuana they seized under a state order now
becomes federal property," Hammond told the judge.

Hammond cited an Oregon court decision in which marijuana was seized from a
man who was allowed to use it for medicinal purposes. Authorities said
returning the drug would violate federal law, but a judge rejected the
argument and was supported by the state's appeals court.

Garrecht said the Oregon case offered some important precedent, which he
used in making his decision.

Before the hearing ended, Hammond said: "Your honor, my client just asked
me if he can grow marijuana again."

Garrecht replied that he did not give out legal advice.