FW: OPN: US CO: Compensation Sought for Dead Pot Plants

> Date: Wed, 5 Dec 2007 06:43:19 -0800
> From: jennielswick@gmail.com
> To: opn@ohiopatient.net
> Subject: OPN: US CO: Compensation Sought for Dead Pot Plants
> Newshawk: Herb
> Pubdate: Tue, 04 Dec 2007
> Source: Fort Collins Coloradoan (CO)
> Webpage: http://drugsense.org/url/18yS4sJC
> Copyright: 2007 The Fort Collins Coloradoan
> Contact: http://www.coloradoan.com/customerservice/contactus.html
> Website: http://www.coloradoan.com/
> Details: http://www.mapinc.org/media/1580
> Author: Sara Reed
> Bookmark: http://www.mapinc.org/mmj.htm (Marijuana – Medicinal)
> Couple Says Law Requires Medical Marijuana Be Maintained
> It took 16 months, but a Fort Collins couple Monday finally retrieved
> the medical marijuana seized from their home in August 2006. But the
> battle is far from over.
> The cultivation and possession charges against James and Lisa
> Masters, medical marijuana patients and caregivers for other
> patients, were dropped in June, but it wasn’t until late last month
> that Chief District Court Judge James Hiatt ruled the police had to
> return the property.
> What they got back, however, was dried, musty and moldy.
> James Masters said he was "very, very happy to see this come to
> fruition," but he was sad to see the plants had not been maintained
> as required by law.
> "This is a resounding, decisive victory for Colorado voters,
> compassion and medical marijuana," said Brian Vicente, one of the
> attorneys who represented the couple throughout the case.
> Voters approved the amendment in November 2000. There are 14 states
> with medical marijuana laws.
> The charges were dropped after Hiatt ruled that the search warrant
> used to seize the plants, growing equipment and paraphernalia
> resulted from an illegal search.
> But none of the plants seized, including about 15 that were nearly
> ready for harvest, survived. The Masters’ attorneys plan to go back
> to the judge later this month and request financial compensation for
> the destroyed plants, which could be valued at more than $100,000.
> The couple could sue for the damages, but they’re going to go to the
> judge first, Vicente said.
> Police have said they don’t have the resources to care for medical
> marijuana plants, something James Masters has offered to help them with.
> Fort Collins police spokeswoman Rita Davis has said that, because the
> couple did not have valid medical marijuana certificates at the time
> of their arrest, the pot was treated like any other confiscation case.
> The Masters’ attorneys said the amendment is clear on the issue that
> all marijuana seized in connection with the claimed use of medical
> marijuana must be maintained.
> "You’d expect the police to follow the law," said Rob Corry,
> co-counsel in the case.
> The couple did not have medical marijuana certificates from the
> Colorado Department of Public Health and Safety at the time of their
> arrests, but James Masters advised that anyone with a doctor’s
> recommendation for it should get their certificate before starting
> treatment. He acknowledged that some patients aren’t comfortable with
> having their names in a state database.
> "What I hope this really accomplishes is that (patients) realize the
> safety the department of health offers," James Masters said. "Before
> you do anything else, put that (doctor’s) recommendation in the mail."
> The couple said they plan to continue providing medical marijuana to
> their patients and building the medical marijuana community.
> "We’re here to provide safe, legal medicine," Lisa Masters said.
> ——————————————————————————-
> The views above and/or any links to any outside websites do not necessarily
> reflect the views of the Ohio Patient Network, its members or its Board of
> Directors.
> —————————————————————————————————————————
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