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Gulf War Vet Asks Court To Give Marijuana Back
71 'Medicinal' Plants Confiscated In Raid
12/18/07|The Denver Channel - abc7news| by Lance Hernandez, 7NEWS Reporter

The April raid is still fresh in Kevin Dickes' mind.

"Police came into my house, handcuffed me, pointed their guns at my face, then pulled me outside and sat me in my driveway in full view of my neighbors," said the Operation Desert Storm vet.

Police then confiscated 71 marijuana plants while executing a search warrant at Dickes' house.

Dickes said he has a medical card that allows him to grow the plants, but police said he never told them that until he was at the jail.

On Monday, the vet asked to get his marijuana back.

"This is a historic moment," said Dickes' attorney, Robert Correy, Jr. "If this property is returned it will be the most plants ever returned in Colorado."

Dickes was injured by an exploding hand grenade during the first Gulf War.

Ten years later he suffered frostbite after getting stranded during a snowmobile expedition in Colorado's High Country.

"The pain (in his right leg) is mostly in the afternoons after being on it all day. It's extremely painful," Dickes said.

When asked why he doesn't use regular pain medication Dickes responded, "The Percocets, the Vicodins, the Oxy-Contins, they're more addictive. They make you sick."

Dickes filed a motion for return of property early Monday, after the Arapahoe County District Attorney dropped charges against him. A hearing has been set for Wednesday.

"He was facing up to six years in prison on a felony charge of marijuana cultivation," Correy said.

Dickes added that the worst part of the ordeal was that it happened in front of his neighbors.

"Police embarassed me in front of the neighborhood. Now, they (neighbors) are thinking I'm a thug or a drug dealer, and I just grow it for my personal use."

Correy said there's a learning curve when it comes to enforcement of relatively new medical marijuana laws.

"Police and prosecutors have 70 some years of prohibition behind them. That's what their mindset is and it's a difficult mindset to change," Correy said.

"It's like telling pit bulls that cats are now your friends, and it's going to take a while for them to learn," said Dan Pope, a fellow medical marijuana user and supporter of the Gulf War vet.

Police said that learning curve is a two-way street.

"When officers executed the search warrant at his house, Mr. Dickes never told them he had a medical marijuana card," said detective Shannon Lucy.

When Dickes' girlfriend told officers that Kevin was certified to grow marijuana, they stopped what they were doing and called the district attorney.

"They were told to leave him six plants, 2 ounces of marijuana, the lights and other growing equipment," Lucy said.

"If something like this happens to you," Lucy added, "tell the officers that you have the (medical marijuana) card. Let them see it. I think most people will find things might be handled a little bit differently."