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CO: Motion to dismiss filed in fourth medical marijuana case
Donna Gray | Post Independent | January 12th, 2006

Charges against a fourth defendant in a medical marijuana case are likely to be dropped this week. Deputy District Attorney Scott Turner filed a motion to dismiss the case against Justin Brownlee, who is charged with various counts of possession of marijuana with intent to distribute.

Similar cases have been dismissed against Gene Brownlee, Justin’s uncle, and Gene Brownlee’s ex-wife, Jennifer Ryan, because of mishandled evidence. Without the physical evidence prosecutors would be unable to prove guilt beyond a reasonable doubt.

On Aug. 2, 2004, the Two Rivers Drug Enforcement Team confiscated 130 marijuana plants from Ryan and Brownlee’s apartment in Rifle. They arrested Ryan, the Brownlees and Drew Gillespie for growing and selling marijuana.

Gillespie pleaded guilty in December 2004 to conspiracy to sell/distribute. He received a deferred sentence and was ordered to do 75 hours of public service.

Ryan said she was certified to grow and administer marijuana for medical purposes. Gene Brownlee claimed he had cancer, which he treated with marijuana.

According to the arrest affidavit, Justin Brownlee told police he assisted in the selling of marijuana Brownlee and Ryan grew and also obtained marijuana from them for his own use.

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

According to Colorado law, she could have up to six plants or as many as she felt necessary to treat a given medical condition. The law also stipulates that the plants taken in evidence must be kept alive. However, the TRIDENT officers who seized the plants admitted in court they destroyed the plants, keeping only one leaf and pictures for evidence.

Judge Dan Petre will rule on the motion on Thursday, Jan. 12.

__________________
"Those who do no harm to others should not be harmed by others..." Ethan Nadelmann
"Revolution is not a right, it is an obligation." John Locke
"Do SOMETHING besides argue emotions against the law, because it simply isn't a rational way to affect any type of change whatsoever. No offense intended, but your opinion on things is a moot point unless you take actions to change the law, rather than ramble about how unfair or injust it is." troublemaker_42
"'Just say no' to drugs, except those marketed by big pharmaceutical companies." Ignorant Politicians

 

fight4rights

Does this mean she could grow as much as necessary for any condition she has? Or can she grow for any medical patient she wants?