POT SPARKS SHOWDOWN WITH FEDS

Routt County Man Wants His Marijuana Back From DEA

State and federal authorities are fighting over Don Nord and his three
marijuana plants. The case ultimately could ignite or extinguish a
smoldering conflict between state and federal laws that govern the use of
marijuana for medical reasons.

Colorado says it's OK. The federal government says it's not. In Colorado,
neither federal nor state appellate courts have addressed the issue. The
three marijuana plants, meanwhile, are in a federal laboratory in San
Francisco and probably are dead.

The case began when somebody told authorities in Routt County, where Nord
lives, that he was growing marijuana in his home. In fact, he was.

Looking into Nord's background, officers discovered he had been arrested
three times for marijuana-related offenses: for possessing it in 1988 and
for growing it in 1989 and 2002, according to court documents.

The outcome of those arrests could not immediately be determined Tuesday.

A task force of federal agents and local police got a search warrant from a
Routt County judge and went to Nord's home. There, they seized the three
marijuana plants, one to eight ounces of marijuana and Nord's special
lights and other growing equipment.

Nord, 57, of Hayden, has battled cancer and diabetes and suffers chronic
pain. He showed the officers the Colorado certificate allowing him to use
marijuana for medical reasons to no avail.

The officers gave him a ticket, charging him with the misdemeanor of
possessing marijuana and the petty offense of possessing marijuana
paraphernalia. The ticket ordered Nord to appear in Routt County Court on
Nov. 4.

But the government lost its copy of the ticket and failed to file it in
court by that date. Routt County Judge James Garrecht dismissed the whole
thing.

The district attorney could have refiled the charges, but didn't. Deputy DA
Marc Guerette, who handled the case, could not be reached Tuesday.

Nord's lawyer, Kristopher Hammond, asked Garrecht to order the return of
Nord's three marijuana plants, his marijuana and his equipment.

On Monday, Garrecht ordered the feds to give it back within 21 days.

They don't want to.

They've shipped Nord's marijuana to their lab in San Francisco, and they
won't give it back willingly, according to DEA spokesman Dan Reuter.

"The U.S. Drug Enforcement Administration is not in the habit of returning
illegal contraband," he said.

Colorado lets people with certain illnesses and conditions, including
cancer and chronic pain, smoke marijuana. With a doctor's recommendation,
they can be listed on a state registry of people allowed to use the drug
for medical reasons. They may grow it themselves or acquire it some other,
carefully unspecified, way.

Selling marijuana remains illegal under Colorado law.

Federal law prohibits all possession of marijuana, in any amount, period.

"Under federal law, marijuana is a Schedule One controlled substance,"
Reuter said. "It has a high potential for addiction, and no known or
approved medical uses."

Colorado voters approved the medical use of marijuana in 2000 in an
amendment to the state Constitution.

The law specifies that, if law enforcement officials seize marijuana or
related equipment from someone who has a state certificate to use it, the
drug and equipment must be preserved and returned.

The federal government says its law trumps state law.

Also on Schedule One, along with marijuana, are LSD and heroin. Possession
of those drugs potentially carry the stiffest criminal penalties. Cocaine
is only a Schedule Two substance because it has legitimate medical uses,
Reuter said.

Jeff Dorschner, spokesman for the Colorado U.S. attorney's office, said
staff will review the county judge's order for the return of the marijuana

"We will then consult with DEA to determine the next steps in this matter,"
Dorschner said.

Federal criminal charges against Nord are unlikely, however. Colorado U.S.
Attorney John Suthers has said in the past that his office focuses on large
drug trafficking rings, not individual users of small amounts.

DEA officials have said Nord's three marijuana plants probably are dead,
since agents uprooted them when they were seized.

Meanwhile, Nord is glad for his county court victory, at least.

"He's very relieved," Hammond said. "He's looking forward to the return of
his property and his medicine."