oldman420
08-10-2009, 03:29 AM
This is a complicated situation so please try to bear with me.
I am a licensed Colorado caretaker with one patient who suffers from multiple spinal injuries. He has 4 crushed vertebrae and is in bad shape, He also suffers from nausea as well.
And the real issue that complicated things is that he also has COPD so cannot smoke or even vaporize.
He must eat his medicine and it takes about an ounce a week of high grade cannabis to alleviate his symptoms.
So in order to provide for him I had to produce an ounce a week but not much more as the state sanctioned limit is 2 oz's.
so I had a rotational system set up with aprx 5 in and 5 out a week as the growth cycle for my varieties was on average 18 weeks from cut to harvest I had to have 5 plants x 18 weeks plus some extras for moms.
The Colo constitution does have a limit of 6 plants no more than 4 in flower and a 2 oz limit so on the surface I was over the limit, but the amendment also states in no uncertain terms that any amount of plants that is deemed to be needed is ok. So in my best estimate I was covered and protected from prosecution.
Well the cops followed me home from the grow store and did a garbage check and utility check and got a warrant.
After breaking down my door and pistol whipping me in the back of the head they killed 130 plants they left 6 badly broken ones behind.
It was a DEA sponsored task force that incorporated several local agencies. Very bad men...
According to Coloradoâ??s constitution they are not do any damage to the garden dwelling or anything once they determine it to be a med grow.
Bad moves on their part and they were clearly in the wrong.
so now I am homeless and unemployed and living wherever I can find a spot.
I lost all of my possessions equipment and my livelihood as a result of this raid.
So despite all of this I still keep my head up and go about preparing a pro se case and I was definitely going to win it.
Then last week a federal marshal shows up at my sisterâ??s house looking for me.
That can only mean one thing; the feds picked it up from the state because federally they have an open and shut case they believe.
Well I did some research and must say it looks bleak and there is a mandatory 5 year sentence for it. No exceptions there.
So I again trying to think like a lawyer came up with these facts and arguments.
1 the feds see mj as a drug and not a medicine trying to use a medical defense is not admissible in federal court
2there is some movement in congress on protecting state licensed users from federal prosecution H.R.2835: Medical Marijuana Patient Protection Act
Under federal law a pot plant is defines as having a root ball many of the ones the locals counted as plants had not yet rooted.
3, how the hell is it legal for states to license someone to do something and then cooperate with the feds to get them busted, sounds like entrapment.
4, whereâ??s the evidence? They will have to prove beyond a reasonable doubt the number of plants taken. Those plants either rotted in the plastic bags they took them in or were destroyed.
Any feedback or other thoughts would be greatly appreciated here I plan to turn myself in this week so the sooner the better.
Thanks all
j
I am a licensed Colorado caretaker with one patient who suffers from multiple spinal injuries. He has 4 crushed vertebrae and is in bad shape, He also suffers from nausea as well.
And the real issue that complicated things is that he also has COPD so cannot smoke or even vaporize.
He must eat his medicine and it takes about an ounce a week of high grade cannabis to alleviate his symptoms.
So in order to provide for him I had to produce an ounce a week but not much more as the state sanctioned limit is 2 oz's.
so I had a rotational system set up with aprx 5 in and 5 out a week as the growth cycle for my varieties was on average 18 weeks from cut to harvest I had to have 5 plants x 18 weeks plus some extras for moms.
The Colo constitution does have a limit of 6 plants no more than 4 in flower and a 2 oz limit so on the surface I was over the limit, but the amendment also states in no uncertain terms that any amount of plants that is deemed to be needed is ok. So in my best estimate I was covered and protected from prosecution.
Well the cops followed me home from the grow store and did a garbage check and utility check and got a warrant.
After breaking down my door and pistol whipping me in the back of the head they killed 130 plants they left 6 badly broken ones behind.
It was a DEA sponsored task force that incorporated several local agencies. Very bad men...
According to Coloradoâ??s constitution they are not do any damage to the garden dwelling or anything once they determine it to be a med grow.
Bad moves on their part and they were clearly in the wrong.
so now I am homeless and unemployed and living wherever I can find a spot.
I lost all of my possessions equipment and my livelihood as a result of this raid.
So despite all of this I still keep my head up and go about preparing a pro se case and I was definitely going to win it.
Then last week a federal marshal shows up at my sisterâ??s house looking for me.
That can only mean one thing; the feds picked it up from the state because federally they have an open and shut case they believe.
Well I did some research and must say it looks bleak and there is a mandatory 5 year sentence for it. No exceptions there.
So I again trying to think like a lawyer came up with these facts and arguments.
1 the feds see mj as a drug and not a medicine trying to use a medical defense is not admissible in federal court
2there is some movement in congress on protecting state licensed users from federal prosecution H.R.2835: Medical Marijuana Patient Protection Act
Under federal law a pot plant is defines as having a root ball many of the ones the locals counted as plants had not yet rooted.
3, how the hell is it legal for states to license someone to do something and then cooperate with the feds to get them busted, sounds like entrapment.
4, whereâ??s the evidence? They will have to prove beyond a reasonable doubt the number of plants taken. Those plants either rotted in the plastic bags they took them in or were destroyed.
Any feedback or other thoughts would be greatly appreciated here I plan to turn myself in this week so the sooner the better.
Thanks all
j