June 19, 2007
Carroll: Reefer madness

http://blogs.rockymountainnews.com/denver/onpoint/archives/2007/06/

Pointless harassment. What else is it when police arrest and prosecutors charge someone for growing pot even though the fellow possesses a Colorado medical marijuana registry card?

Why bother squandering supposedly scarce public resources on such an effort — even if the marijuana user has exceeded the official six-plant limit?

Pointless harassment. What else is it when police arrest and prosecutors charge someone for growing pot even though the fellow possesses a Colorado medical marijuana registry card?

Why bother squandering supposedly scarce public resources on such an effort — even if the marijuana user has exceeded the official six-plant limit?

When police stormed into the home of 38-year-old Kevin Dickes a month ago in response to a tip, they apparently weren’t aware of the Auroran’s registry card. Or at least that fact wasn’t mentioned on the warrant, his attorney tells me. But prosecutors obviously knew about the card when they charged him with cultivating marijuana — an unfortunate waste of their time and your money.

Yes, police say they found 71 plants, although attorney Robert Corry insists most were inch-high starters hardly worthy of the name. You need to grow more than six in order to get the right number of plants to root and bloom, he insists.

But even if he’s wrong, voters didn’t lay down a hard-and-fast limit of six plants when they approved the use of medicinal marijuana in 2000. They also created the following exemption: “For quantities of marijuana in excess of these amounts, a patient or his or her primary care-giver may raise as an affirmative defense to charges of violation of state law that such greater amounts were medically necessary to address the patient’s debilitating medical condition.”

If this case goes to trial, in other words, Dickes will argue — or, better yet for this Desert Storm veteran, perhaps his doctor will argue — that he needs to cultivate more than six plants to manage the pain of injuries he suffered from an exploding grenade. What kind of hard-hearted jury will want to call him a liar?

By the way, the authors of Colorado’s medical marijuana amendment were so incompetent — or maybe so downright devious — that they basically gave a card-carrying patient like Dickes only two ways to obtain enough of the stuff: Exceed the six-plant growing limit and hope to persuade a court that he had no choice, or head to the black market to buy from a pusher.

Now that Dickes’ basement farm has largely been seized as evidence, where do you suppose he’s likely to get his pain reliever of choice these days?

Some victory for law enforcement.

Decorated Marine Charged With Growing Marijuana
Poll: Should people be able to possess marijuana for medical use?

VIDEO: http://cbs4denver.com/crime/local_story_165215320.html

Terry Jessup
Reporting

(CBS4) ARAPAHOE COUNTY, Colo. A combat veteran of Desert Storm, who said he uses marijuana to ease the pain from a war injury, is now the focus of a court case in Arapahoe County. He faces prison time for a charge of cultivating the plant.

Kevin Dickes, 38, a former Marine who was badly wounded by an enemy grenade while serving in Kuwait, said he smokes marijuana to ease his pain and has a state-approved medical marijuana license to grow it. However, he was still arrested in April when Aurora SWAT teams entered his home after a neighbor complained.

“They took me down,” Dickes said. “They didn’t give me a chance to speak. They had guns to my face. I never had that happen before in my life, even in Kuwait.”

In Kuwait, a grenade tore Dickes’ leg from his ankle to his stomach and he said marijuana is the only thing that helps his pain.

“I use it for pain,” Dickes said. “It helps me tremendously. The narcotics get me sick, nausea, you throw up.”

Dickes’ attorney, Robert Corry, Jr., said he has a license to possess, cultivate and use medical marijuana.

Police confiscated at least 60 plants from Dickes’ home. The state medical marijuana law sets a guideline of six, but Corry said there is confusion as to how many plants are actually permitted.

“Whatever number he had was the number that he needed medically,” Corry said. “And that’s what the law says. You can have as many plants as you medically need.”

Corry said he thinks the district attorney is hanging his hat on the fact they say there were too many plants.

“I think we can easily show the amount of plants he had was medically necessary to address his debilitating medical condition,” Corry said.

Dickes’ is charged with marijuana cultivation which is a class-four felony that carries a possible six-year prison sentence.

There are 1,500 to 2,000 people in Colorado licensed to use marijuana for medicinal purposes.

Prepared for cbs4denver.com by Matthew J. Buettner, Web Producer.

Veteran using medical pot fights arrest
The former Marine hurt in the ‘91 Gulf War had a doctor’s card authorizing its use. But it allows for six plants, not the 71 found.
By Carlos Illescas
Denver Post Staff Writer
Article Last Updated: 06/15/2007 10:49:03 AM MDT

[photo caption] Kevin Dickes, 38, of Aurora exits Division 204 Courtroom at the Arapahoe County Courthouse after an appearance with his attorney. Dickes was arrested when his home was raided by Aurora SWAT team for possessing and growning marijuana. Dickes, who was a Lance Corporal in the US Marine Corp and injured in the first gulf war by a grenade, has the medical permission to use marijuana to ease the pain to his right leg. (Post / Cyrus McCrimmon)

Centennial - A Desert Storm veteran is challenging the state’s medical-marijuana law after he was arrested on charges of growing 71 of the plants in his basement.

Kevin Dickes says he needs the marijuana to help him with the pain he has suffered daily since a grenade landed next to him in Kuwait when he served there as a Marine in 1991. He has no feeling below his right calf and suffers from chronic vascular disease. Dickes said he may lose part of his right leg.

“I use it for the pain. It helps me tremendously,” Dickes said Thursday in Arapahoe County District Court after pleading not guilty to marijuana cultivation, a Class 4 felony.

Dickes, 38, faces up to six years in prison if convicted of the charge. His attorney has filed a motion to dismiss the cultivation charge. That matter will be discussed at a hearing next month.

Under Colorado’s medical-marijuana law, approved by voters in 2001, patients under a doctor’s care who get a medical-marijuana card, as Dickes did, can have up to 2 ounces of pot or six plants.

But there is a provision in the law called an affirmative defense that could allow for more plants. That issue is decided at trial.

“In general, what happens is the individual has testimony from a physician that their particular condition warrants the additional amounts,” said Ron Hyman, registrar of vital statistics for the state health department. “Whether the judge buys it or not is up to the judge.”

Hyman did not know whether that defense has been successful in other cases, but only one medical-marijuana case has even gone to trial, a case out of Gunnison last year in which a man was acquitted.

Police swarmed Dickes’ Aurora home on April 27 on a tip from a neighbor. About three or four SWAT officers opened his door and threw him to the ground and pointed their guns directly at him, Dickes recalled.

“They took me down in my own home,” said Dickes, who is out on bail. “They had guns to my face. I never had that happen to me before, not even in Desert Storm.”

Dickes did not immediately show police his medical-marijuana card. His common-law wife came home while Dickes was in custody in a police car and then pointed out the card.

In addition to the plants, police seized grow lights, fans, electrical timers and a watering system.

The district attorney’s office waited several weeks before filing charges. District attorney’s spokeswoman Kathleen Walsh said officials cannot discuss the case because it is ongoing. But she did say the DA’s office believes there is enough evidence to move forward in the case.

Defense Attorney Rob Corry said many more marijuana plants than six are needed to get enough of them to bloom and provide the needed medication. Some plants don’t produce buds or don’t grow enough roots to provide any useful marijuana to smoke, he said.

“Most of the plants were tiny, tiny starter plants with no roots,” Corry said.

Dickes got his medical-marijuana card in March, and it is good for one year. About 1,300 people have medical-marijuana cards in Colorado, according to the state.

Before he got his card, Dickes said he took prescription painkillers, but those had side effects and were addictive, he said. Now, Dickes said, he is getting his medical marijuana on the “black market” until his case is decided.

He added: “I feel I’ve done nothing wrong.”

Staff writer Carlos Illescas can be reached at 303-954-1175 or cillescas@denverpost.com.

Correction made, 6/15/07 - Because of a copy editor’s error, this story was orginally incorrect in calling Rob Corry a district attorney. He is a defense attorney.

Veteran challenges arrest under Colorado medical-marijuana law

Kevin Dickes, 38, of Aurora pleaded not guilty Thursday in Arapahoe County District Court to marijuana cultivation after police said they seized 71 plants from his home

http://www.summitdaily.com/article/20070615/NEWS/70615003

THE ASSOCIATED PRESS
June 15, 2007

CENTENNIAL — A former Marine who said marijuana helps him deal with injuries suffered during Operation Desert Storm is challenging the state’s medical marijuana law.

Kevin Dickes, 38, of Aurora pleaded not guilty Thursday in Arapahoe County District Court to marijuana cultivation after police said they seized 71 plants from his home on April 27.

He faces up to six years in prison if convicted. A hearing on a motion to dismiss the charge is set for next month.

Dickes says marijuana helps ease the pain in his right leg since a grenade landed next to him in 1991 while he was serving in Kuwait.

Under Colorado’s medical marijuana law, approved by voters in 2000, patients under a doctor’s care who get a medical marijuana card may legally possess up to 2 ounces of pot or six plants. However, a provision in the law could allow for more plants.

“In general, what happens is the individual has testimony from a physician that their particular condition warrants the additional amounts,” said Ron Hyman, registrar of vital statistics for the state health department. “Whether the judge buys it or not is up to the judge.”

Dickes’ attorney, Robert Corry Jr., argued there is no limit to the number of plants a person may cultivate for use as long as they are “medically necessary.”

District attorney’s spokeswoman Kathleen Walsh said she could not discuss an ongoing case but that prosecutors believe there is enough evidence to proceed.

Dickes is one of about 1,300 holders of medical marijuana cards in Colorado, according to the state.

Dickes said he continues to use marijuana obtained through the black market. He is free on $6,000 bond.

Doctor’s OK doesn’t prevent pot bust
By Tillie Fong, Rocky Mountain News
June 15, 2007

http://www.rockymountainnews.com/drmn/local/article/0,1299,DRMN_15_5586957,00.html

A decorated Marine approved by the state to use marijuana for medical purposes is fighting to get back the dozens of marijuana plants seized from his basement by Aurora police in April.
“I felt that I didn’t do anything wrong,” said Kevin Dickes, 38, of Aurora.

Dickes, who was wounded by a grenade in Kuwait in February 1991, was arrested April 27 for cultivation of marijuana, a felony that could send him to prison for six years. He was in court Thursday trying to get the case dismissed based on the medical marijuana exception in the state constitution, which was passed by voters in 2000.

“This is a waste of taxpayers’ time,” said Dickes’ attorney, Robert Corry Jr. “The voters of Colorado said medical marijuana is legal.”

According to police, 71 marijuana plants were seized from -Dickes’ basement. At the time, officers reported that Dickes “knew he had cultivated too many marijuana plants” and that he told them he “enjoyed growing the marijuana plants.”

On Feb. 2, 1991, he was with a unit that was escorting prisoners of war in Kuwait when a grenade went off, killing three of his comrades and injuring Dickes.

In January, he started using marijuana and in March, he got his doctor to sign off on the use of pot and obtained a medical marijuana registry card from the state after paying the $110 fee. He also started growing marijuana plants in his basement, using hydroponics.

On April 27, he said he was working at his computer when Aurora SWAT members burst into his home. Dickes said the officers left him six marijuana plants but they all died while he spent six hours in jail.

WEDNESDAY, JUNE 13, 2007

*****MEDIA ADVISORY*****

MEDICAL MARIJUANA PATIENT/DESERT STORM COMBAT VETERAN SEEKS DISMISSAL OF CHARGES TOMORROW AT 1:30 P.M.

CENTENNIAL, COLORADO—Kevin Dickes, a State-certified medical marijuana patient, and his lawyer Robert J. Corry, Jr., will argue a motion to dismiss felony criminal charges tomorrow in Arapahoe District Court. Mr. Dickes faces a felony charge of Cultivation of Marijuana carrying a maximum penalty of six years in prison. The Colorado Constitution provides an exception to criminal laws regarding marijuana for registered Medical Marijuana patients.

“Hopefully the Court will follow the law that the voters of Colorado intended to protect a good man who served his country in combat, and who is guilty of no crime whatsoever,” said Dickes’ lawyer, Robert J. Corry, Jr.

“When the police broke into my home, knocked me down, and pointed guns at my face, I had never been treated this bad by anyone, including in the darkest days of Desert Shield/Desert Storm combat in Kuwait, when a grenade blew up right next to me and gave me a lifelong injury,” said Dickes, who suffers from chronic vascular disease and extreme pain, and may lose his leg from combat injuries suffered during Operation Desert Storm in the liberation of Kuwait in 1991. Mr. Dickes had a physician’s recommendation and a State-approved license for medical marijuana after every other prescription failed to resolve his debilitating medical condition.

WHAT: Kevin Dickes and his attorney, Robert Corry, Jr., will appear in Court and argue that a marijuana cultivation charge should be dismissed immediately.

WHEN: 1:30 p.m., Thursday, June 14, 2007.

WHERE: Arapahoe District Court, Courtroom 204, 7325 S. Potomac Street, Centennial, Colorado.

CONTACT: Robert Corry, Jr., at 303-634-2244 (ofc), 720-629-7112 (cell) or Robert.Corry@comcast.net

# # #

A HIGH COURT VICTORY
By JOSHUA ZAFFOS, Rocky Mountain Chronicle

Standing outside the Larimer County Justice Center on June 1, James Masters smiles publicly for the first time in months. Since being arrested last August for growing 39 pot plants inside their home, James and his wife Lisa have faced jail time and losing custody of their two daughters. Now, the county district attorney’s office has dropped its case against the medical marijuana providers, just three days before a scheduled jury trial that the Masters’ lawyers called a “test case” for Colorado’s medical marijuana law.

The prosecution began falling apart last month when Chief Judge James A. Hiatt ruled that a police search of the Masters’ home was illegal. (Read “Stoned — again — in court,” from the May 17 issue, online at rmchronicle.com). A follow-up defense motion claimed evidence in the case was gathered during that illegal entry. Deputy D.A. Michael Pierson gave in to that argument, resulting in no admissible evidence and a case dismissal.

“I think the grassroots campaign and the media campaign we mounted really had an effect on them,” says Brian Vicente, one of the Masters’ two lawyers and the executive director for the pro-cannabis organization, Sensible Colorado.

“This case was dismissed because of issues with the search warrant, not because of the merits,” responds Linda Jensen, spokesperson for the D.A.’s office. The outcome will not influence how the county prosecutes future, similar cases, she adds.

By law, police are required to return all confiscated property. The judge gave the D.A.’s office five days to comply. If law enforcement hasn’t kept or maintained the Masters’ plants, the couple could receive monetary compensation, which Vicente roughly calculates at a minimum of $78,000 in marijuana and grow-room equipment.

While pleased with the outcome, Vicente and his co-counsel, Rob Corry, say a favorable jury decision could have further defined aspects of the voter-approved medical marijuana law, including providers’ rights to sell weed to patients.

The Masters are still growing and supplying cannabis through the Larimer County chapter of the Colorado Compassion Club.

“This is a huge victory for medical marijuana patients,” James Masters says, “but only if the Larimer County sheriff’s department and the [Fort Collins] police department realize we have a right [to grow and smoke cannabis].”

June 6, 2007

The DA drops the prosecution of an ailing couple after a judge ruled the search of their fort Collins home was illegal.

By Monte Whaley
Denver Post Staff Writer

Advocates are hailing a prosecutor’s decision to drop criminal charges against an ailing Fort Collins couple who use medical marijuana and distribute it to other ill patients.
…
Larimer County Drug Task Force agents neglected to say in their search affidavit that the couple’s marijuana was for medical purposes and that they were distributing pot because they are “caregivers,” said defense attorney Rob Corry. “A man’s home is his castle, and that applies to medical marijuana use, as well,” Corry said.

Corry said that there have been several dozen instances of medical marijuana cases being dismissed, but this was “rare” because it was a caregiver case.
…
Corry said he wants Larimer County to return the seized pot and pot-growing equipment. That’s the Master’s property, Corry said, “and they now have every right to it.”

http://www.coloradoan.com/apps/pbcs.dll/article?AID=/20070602/NEWS01/706020343/1002
Photo: Rich Abrahamson/The Coloradoan

Photo caption: James Masters, center, is consoled Friday by his attorney Robert Corry, right, and wife Lisa, outside of the Larimer County Justice Center after marijuana charges were dropped against the couple. James broke down while talking about missing his children after charges were brought against them.

Article published Jun 2, 2007
Drug case against pair dropped
Dismissal comes after it was determined agents illegally searched the couple’s home
BY SARA REED
SaraReed@coloradoan.com

In a decision heralded by defense attorneys as the “legally and morally right thing to do,” prosecutors dropped marijuana cultivation and possession charges against a Fort Collins couple who use and provide medical marijuana to other patients.

James and Lisa Masters were set to stand trial Monday morning, but instead, deputy District Attorney Michael Pierson announced during a hearing Friday afternoon that his office was dropping the case.

The dismissal came in the wake of a recent ruling by Chief District Court Judge James Hiatt that a Larimer County Drug Task Force agent illegally searched the couple’s Fort Collins home Aug. 2, 2006.

The two sides originally were due in court Friday to argue a defense motion to exclude the evidence seized from the home because the warrant was obtained using information gathered during the illegal search.

“(This was) a hearing we genuinely felt we could not win,” Pierson said. “It takes away all of our evidence.”

However, Pierson said, it is the office’s position that the dropping of the case “does not vindicate” the couple.

Outside the Larimer County Justice Center after the hearing, it was quite clear the couple and their lawyers felt vindicated, declaring the result “a huge victory.”

“Justice has come,” said Rob Corry, one of the couple’s attorneys.

James Masters also declared the day a victory, but also expressed some frustration.

“If only (police) had realized we were protected under the (Colorado) constitution,” he said. “It’s important they realize they can’t keep knocking down peoples doors.”

The Masterses’ attorneys also were prepared to argue against the admissibility of the evidence seized from the couple’s home because the affidavit for the search warrant made no mention that the two told police they were medical marijuana patients and caregivers.

James Masters said that before his arrest, medical marijuana helped him regain his health, only to have it deteriorate again with the stress of the case.

“I got myself back to the state I wanted to be,” he said. “But (the case) reversed everything marijuana brought to me.”

However, there was a more difficult side of the case, which the couple said broke them down.

“The hardest part was not having our babies for eight weeks,” James Masters said, choking back tears.

The couple’s daughters, 4 and 6, were removed from the home by the Larimer County Department of Human Services. The family was later reunited, and no child abuse charges were filed.

Police seized 39 marijuana plants, 12 of which were ready for harvest, from the couple’s home. The couple served as caregivers with the Colorado Compassion Club, providing medical marijuana for other patients in the area. Both are also medical marijuana patients.

The case was being hailed as a “test case” for the caregiver provision of the medical marijuana amendment.

Voters passed Amendment 20 in November 2000, which established Colorado’s medical marijuana law.