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Lit_Match

Couple Cites Medical Defense in Pot Case
01.05.07|The Fort Collins Coloradoan|By Laura Bailey

A Fort Collins couple who say they were growing marijuana for medical use pleaded not guilty this afternoon on felony cultivation and distribution charges. James and Lisa Masters are now set to go to trial March 27. They face up to six years in jail.

The Masters were arrested Aug. 2 when police were called to check the welfare of the couple's two children, ages 4 and 6, according to an affidavit from Fort Collins police. The officer smelled marijuana in the house and the couple told the officers they had a doctor's recommendation for medical marijuana and they were growing it for that purpose.

At a press conference following the Masters’ arraignment, the couple’s lawyer, Rob Corry, said they were within the bounds of Colorado’s Amendment 20, an initiative approved by voters in 2000 that allows people with certain medical conditions to grow, possess and use marijuana for medicinal purposes.

“The majority of voters in this state said medical marijuana should be available. My hope here is the jury will follow the law and show some compassion for patients who need help,” he said.

James Masters said he has a condition that renders him with chronic nausea and muscle spasms. Masters will not reveal the exact condition until the trial so as not to influence a jury pool, Corry said. Lisa Masters said she suffers from joint swelling, muscle spasms, carpel tunnel syndrome and protruding disks.

The couple said that in addition to growing the marijuana for themselves, they distributed marijuana for solely to patients in Colorado’s medical marijuana registry.

However, in October District Judge Jolene Blair rejected a dismissal motion, saying the Masters didn’t have the required state documentation showing they are caregivers for people authorized to use marijuana for medical purposes.

Co-counsel Brian Vicente said this is the first case in the state to use Amendment 20 as a defense.

“The Masters are being targeted for providing help to sick people,” Vicente said.

“This test case has the potential to increase vital access to medical marijuana by expanding the legal definition of ‘caregiver’ to allow those with significant responsibility for the care of seriously-ill individuals to cultivate and provide them with medical marijuana.”

Details in Saturday's Coloradoan.