CO: MMJ Patient VICTORY return of property and order to change policy

CONGRATULATIONS

legal MMJ patient LEN BOCANEGRA
on his recent court WIN!!
(see His Story below)

In a motions hearing today, Adams County Magistrate Simon Mole ordered the return of property for legal medical marijuana patient Len Bocanegra. Of interest is a mention from the magistrate that the district attorney's office needs to develop a form which can streamline the process of returning their medical marijuana property as legitimate patients without necessitatiing a motions hearing for same. The legal patient would then provide this 'developed' form to the law enforcement entity holding the evidence, so they might be more willing to release same. This remedy speaks clearly to the Constitutional wording of Amendment 20 which calls for the "immediate" return of property.

THANK YOU for the numerous members of the North Denver Medical Marijuana Discussion Group, the Denver Chapter of the Compassionate Coaltion (compassionatecoalition.org), an affiliate of Americans for Safe Access (safeaccessnow.org) for providing a considerable court support showing for this effort. It clearly makes a positive difference when the bench sees additional legal patients/caregivers and other interested parties in attendance!//Colorado Midnight Rider

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Legal patient Len Bocanegra is partial to his grinder. It has considerable sentimental value and is a functional piece of equipment for his daily repertoire of cannabis therapy. ?Normal? therapy for his medical issues include various prescription drugs including narcotics, but the Desert Storm veteran claims he is better able to function by minimizing his use of traditional drugs and embrace the enhanced quality of life medical marijuana therapy offers currently.

During the morning of August 15, 2007, legal medical marijuana patient Len Bocanegra was stopped by a Colorado State trooper on I-76 freeway near Federal Avenue. This was an unusual stop, as the young trooper immediately reported that Bocanegra's plate and tags didn't match up, however, it was later learned that this was NOT the case. The stop has all the appearances of a 'profiling' situation by police.

"The first words out of the officers mouth was, "Where is the marijuana?", reports Bocanegra. "I told him I was a legal patient, but this didn?t make any difference to how he reacted." The officer confiscated a medicinal marijuana grinder, and approximately 1/8 ounce of therapeutic cannabis. Although he was clearly a Colorado Medical Marijuana Registry card holder, the Colorado State Police officer still cited Bocanegra for failure to wear a seat belt, possession of marijuana, and possession of paraphernalia.

A subsequent meeting with the Adams County prosecutor?s office October 16, 2007, found the representative provided a "certificate of dismissal of action" when Bocanegra showed evidence of his participation in the Rocky Mountain state's medical marijuana registry program.

SO, off to the Commerce City State Police Post to meet with property Sergent Dan J. Elder found him a little less interested in complying with the Colorado Constitutional Amendment 20 sections which speak of "immediate" return of property for confirmed patients. "I am NOT releasing anything until I have a letter from the prosecutors office," reported Sgt. Elder.

Later that day, a 'return of property' letter was provided to traffic court judicial assistant Ilia Becerra, along with a legal motion for return of property, and accompanying order for a magistrate to sign. An unnamed magistrate came around the corner and reported, "I am not denying this motion, and will send it up to the district attorneys office to see if a letter can be sent out for return of property," were the words of hope for Bocanegra. It had been a lengthly effort already, and Bocanegra, soon facing hip replacement surgery, was in no mood for a run around.

For the next thirty days, according to credible sources, Bocanegra's request sat on the desk of Senior District Attorney Justin Moore. Multiple telephone inquiries was unable to prompt movement, and one dialogue reported, "Mr. Moore said that if he (Bocanegra) wants his property back he needs to provide me with a doctors note." Bocanegra and others have, as yet, been unable to find anything in the wording of the eight year old Constitutional Amendment 20 which speaks to the need for a doctor note for return of property as a legal patient. Holders of the Colorado Medical Marijuana Registry Certificate, issued by the state department of health, have already provided a signed physician's recommendation before issuance of the document.

Today there will finally be a motions hearing for return of property in this case, months after the charges were dismissed. Bocanegra, manning crutches and sporting a new hip, will return to Adams County District Court Division R for an 11am hearing on the matter. Will Bocanegra get his grinder and medicine returned?

HELP EDUCATE officials that legal medical patients have had enough complications placed on their plate, to NOT be afforded that which has clearly been written into our Colorado Constitutional Amendment 20.

Timothy Tipton
court-appointed cannabis expert

moderator,North Denver Medical Marijuana Discussion Group
202+ members (North Denver Medical Marijuana Discussion Group (Denver, CO) - Meetup.com)
~~~Denver Chapter of the Compassionate Coalition
(compassionatecoalition.org)
~~~affiliate of the Americans for Safe Access
(safeaccessnow.org)

founder, Rocky Mountain Caregivers Cooperative
NRAD North Reasonable Access Denver
[email protected]