[drugwar] Feds back down in medical pot case
ptpeet at nyc.rr.com
Sat Aug 28 08:59:33 EDT 2004
from the "Grower gets his shit back" article below >He called it a
bittersweet victory and complained that anti-drug personnel should spend
their resources and time pursuing cocaine and heroin traffickers. "They
would be better off going that route rather than going after little pot
growers like me," May said.<
Even targeted pot heads don't always get it, do they?
"Don't bust/harrass me, bust those other bad folk- their drugs are Bad while
mine are Good, darn it. They deserve prison time, being shot to death by
prohibitionists and other general malaise and such, but little ol' me and My
friends, we deserve to be left alone."
Peace and love,
----- Original Message -----
From: Vigilius Haufniensis
To: drugwar at mindvox.com
Cc: the_Lawyerdude at yahoogroups.com ; chaconstitutionalist ;
elite_sociopath at yahoogroups.com ; Evolving_Thought at yahoogroups.com ;
RM-COUNSEL at yahoogroups.com
Sent: Saturday, August 28, 2004 1:52 AM
Subject: [drugwar] Feds back down in medical pot case
Feds back down in medical pot case
Marijuana-growing supplies to be given back to Aurora man
By Hector Gutierrez, Rocky Mountain News
August 27, 2004
An Aurora man suffering from chronic pain won a major victory Thursday when
the federal government agreed to return all of his marijuana-growing
The assistant U.S. attorney also told the lawyer for medical-marijuana user
Dana May that they will not prosecute May for any crime. But the pot that
the Drug Enforcement Administration and Aurora police seized from May's
Aurora home will stay in the possession of federal authorities.
Supporters of medical marijuana said they believe it marks the first time
that the U.S. attorney has agreed to return growing equipment to someone who
has been cleared of wrongdoing.
"This case is precedent-setting and a very sympathetic case and just a
terrible example of the federal government not recognizing that this is
where the state of the law is going and where patients are going," Allen St.
Pierre, executive director of the Washington, D.C.-based National
Organization for the Reform of Marijuana Laws, said.
May and his lawyer, Robert J. Corry Jr., will appear at a hearing this
morning in Arapahoe County District Court where they will tell the judge
that they will drop their civil lawsuit against the Aurora Police Department
demanding that it return May's marijuana-producing equipment.
May, 45, said he had feared a long, drawn-out fight with the U.S. attorney's
office and the DEA.
"I just about fell off my chair when my lawyer told me," he said. "I thought
he was joking. He said, 'We got a victory here,' and 'They're going to give
you your stuff back.' "
After today's hearing, May said he plans to notify the DEA that he will pick
up his equipment within 48 hours. Agents had confiscated 31 pieces of
equipment from May's home, including transformers, water pumps, cloning
machines and exhaust fans that he used to grow marijuana.
He called it a bittersweet victory and complained that anti-drug personnel
should spend their resources and time pursuing cocaine and heroin
traffickers. "They would be better off going that route rather than going
after little pot growers like me," May said.
May said he will try to resume growing marijuana as soon as possible at an
"I think this is a big step because with the DEA giving my equipment back
they know what I'm going to do with it, and it's like they're condoning it,"
he said. "There aren't any options about what I'm going to do with it. I'm
not going to grow tomatoes."
Jeffrey Dorschner, spokesman for the District of Colorado U.S. attorney,
said federal prosecutors decided not to pursue a civil forfeiture case
against May after concluding that his equipment had minimal value.
May's doctor signed the legal forms required for May to grow and smoke pot
in 2002. May suffers from chronic pain in his legs and feet as a result of a
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