Pubdate: Wed, 31 Dec 2003
Source: Associated Press (Wire)
Copyright: 2003 Associated Press
Cited: Drug Enforcement Administration ( www.dea.gov )
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/people/don+nord

COLO. MAN SEEKS SEIZED MEDICAL MARIJUANA

STEAMBOAT SPRINGS, Colo. -- A Hayden man whose supply of medical
marijuana was seized in an October raid by a local-federal drug task
force has asked a judge to find the officers in contempt for failing
to return the drug.

Don Nord, 57, who is registered with the state medical marijuana
program, had obtained an order from a Routt County judge earlier this
month calling for the federal Drug Enforcement Administration to
return 2 ounces of marijuana to him.

After the agency missed the deadline Monday, Nord and his attorney
Kristopher Hammond filed a request with Routt County Judge James
Garrecht seeking contempt-of-court citations against the officers.

"We waited up all night (Monday), just like waiting for Santa Claus to
show up,'' Hammond said. ``Instead of Santa Claus, we got the Grinch.''

If cited for contempt, the officers could be fined, forced to pay
legal fees or jailed, Hammond said.

Officers with the Grand, Routt and Moffat Narcotics Enforcement Team,
made up of local officers and DEA agents, searched Nord's home and
seized the drugs in mid-October. They argued they are not bound by a
county judge's ruling because federal law prohibiting any use of
marijuana supersedes state law.

"Under federal law, marijuana is contraband, and by policy we destroy
contraband,'' said U.S. attorney's spokesman Dick Weatherbee."There is
obviously a dilemma here.''

Garrecht had earlier dropped charges of possession of marijuana and
drug paraphernalia against Nord, who said he suffers from cancer,
diabetes and other ailments.
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MAP posted-by: Larry Seguin