Pubdate: Fri, 30 Jan 2004
Source: Steamboat Pilot & Today, The (CO)
Copyright: 2004 The Steamboat Pilot & Today
Contact:  http://www.stmbt-pilot.com/
Details: http://www.mapinc.org/media/1549
Author: Susan Bacon, Pilot & Today Staff
Cited: Marijuana Policy Project (www.mpp.org)
Cited: Drug Enforcement Administration www.dea.gov
Bookmark:  http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

NORD'S POT CASE GOES TO DENVER

Medicinal Marijuana User Says He's Been Wronged

A conflict between state and federal drug laws took Hayden resident Don 
Nord, 57, inside the glossy wooden walls of a U.S. District courtroom in 
Denver on Thursday.

Nord is a registered medicinal marijuana user in Colorado who has battled 
cancer, diabetes and chronic pain and takes more than 20 medications.

When his "drugs" or "medicine" -- depending on who is talking -- was seized 
in mid-October, he said he wanted to get it back. He said he didn't imagine 
the effort would earn him a trip to a federal court, but, "We're gonna take 
it as far as we can take it, because they absolutely (have) done me wrong," 
Nord said before the Thursday hearing.

The hearing was held to determine whether contempt citations -- filed in a 
state court against six federal agents who seized Nord's marijuana and did 
not return it -- should be dismissed or granted in federal court.

U.S. District Judge Walker Miller said Thursday that he hoped to rule 
before the officers are scheduled to appear in Routt County Court on Monday 
but that he would delay his decision if that state court appearance also 
could be delayed to give Nord's attorney more time for research.

Nord asked to get his marijuana and growing equipment back through a state 
court, and when the marijuana was not returned within the time limit set by 
Routt County Judge James Garrecht, contempt citations were issued for the 
officers.

Last week, the U.S. Attorney's Office asked that the case for the six 
officers be removed to federal court and that the contempt citations be 
dismissed.

Attorney Kristopher Hammond, who is representing Nord, argued that most of 
the officers involved in the search were not federal agents and therefore 
should follow state law. The five officers he referred to are Grand, Routt 
and Moffat Narcotics Enforcement Team officers deputized by the U.S. Drug 
Enforcement Agency. The sixth officer is a DEA federal agent.

Hammond argued the officers asked for a search warrant through a state 
judge and so are subject to state rules.

"Your honor, they chose the court," Hammond said. "The county court was 
good enough when they wanted something from the county court, like a search 
warrant, but now that the county court wants something from them, they take 
refuge in the federal court."

Miller said he didn't see how a warrant issued from a state court would 
take away a federal law's constitutional supremacy over state law.

The other three officers involved in the case are Hayden police officers. 
Hammond filed a motion to dismiss the contempt citations against those 
three, who were not represented by the U.S. Attorney's Office, on Thursday 
morning.

The Hayden officers never were in charge of the marijuana so shouldn't be 
held responsible for giving it back, Hammond said.

Michael Hegarty, assistant U.S. attorney, said the U.S. Attorney's Office 
didn't seek out or desire the dispute but had to enter the case because 
federal officers faced contempt charges for doing their job.

"Everything, your honor, was done here by the letter. It is simply a matter 
of the supremacy of (federal law over state law)," Hegarty said.

"This is a clear right that a federal officer has," Hegarty said. "If he 
was performing his duties under federal law, he may not be subjected to 
contempt in a state court."

The federal and state laws, he continued, are "in positive conflict with 
one another."

Hegarty said that under federal law, marijuana is contraband and that the 
U.S. government does not return contraband under any circumstances but 
instead has the right to destroy the drugs at any time.

He also said that Hammond's argument didn't hold true because the officers 
in question were clearly working "100 percent for the United States 
government."

The DEA agent involved in the case is Doug Cortinovis. The GRAMNET officers 
involved are Dan Kelliher of the Routt County Sheriff's Office, Dwight 
Murphy of the Steamboat Springs Police Department, Mike Lovin of the Grand 
County Sheriff's Office, Jenny Hoefner of the Craig Police Department and 
Todd Reece of the Moffat County Sheriff's Office. All six of those officers 
are represented by the U.S. Attorney's Office.

Hayden officers whose contempt citations will be dismissed are Chief Jody 
Lenahan, Ed Corriveau and Darin Falk.

Hammond will contact Miller by noon today, and Miller will either delay the 
decision or rule before Monday.

At the end of the proceeding, Miller said that if the case turns into a 
challenge of the Colorado Constitution, formal notification would need to 
be given to the Colorado Attorney General.

Miller also said that if he decides to remove the case to federal court and 
considers dismissing contempt charges, then legal representation for the 
Colorado Constitution and for Routt County Judge Garrecht would need to be 
dealt with.

Hammond said that if the issue comes to arguing state versus federal law, 
the case would have to go further.

"If Judge Miller decides the Colorado Constitution violates the United 
States Constitution, then that's an issue that probably should be decided 
in the United States Supreme Court and not here."
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