Pubdate: Thu, 13 Jan 2005 Source: Aspen Daily News ( CO ) Copyright: 2005 Aspen Daily News Contact: http://www.aspendailynews.com/contact us/form.htm Website: http://www.aspendailynews.com/ Details: http://www.mapinc.org/media/635 Author: Greg Masse, Aspen Daily News Correspondent Bookmark: http://www.mapinc.org/mmj.htm ( Cannabis - Medicinal ) JUDGE RULES IN MEDICAL MARIJUANA CASE GLENWOOD SPRINGS -- Ninth District Judge Thomas Ossola determined Thursday that there was probable cause to charge Rifle resident Gene Brownlee with marijuana cultivation. Brownlee, 34, was arrested in August after a Two Rivers Drug Enforcement Team raided his Park Avenue home on suspicion of growing more than 100 marijuana plants. Brownlee admitted the plants were his, but he claimed he was enrolled in the state's medical marijuana program, which he said makes the crop legal. Police, however, claim Brownlee's registration in the medical pot program was expired at the time of the bust. They add that even if it was still valid, Brownlee far exceeded the maximum number of plants the program allows. "At this point, we realized they had no choice but to bind us over," Brownlee said after the hearing. Brownlee has said he suffers from Barrett's esophagus -- a painful, incurable condition in which the cells of the esophagus become damaged, sometimes resulting in cancer. He said the condition kept him from keeping food down, causing his weight to drop from 212 pounds to 140. He said he replaced 15 prescription drugs with regular pot smoking, which increased his appetite, decreased his nausea and limited pain and spasms in his esophagus. He's charged with marijuana cultivation and possession with intent to distribute marijuana. Others charged in connection with the marijuana growing included Brownlee's 21-year-old wife, Jennifer Ryan, Brownlee's nephew, Justin Brownlee, 19, and Drew Gillespie, 19. Gillespie pleaded guilty to marijuana cultivation and was sentenced to two years probation in December. If prosecutors had their way, Thursday's preliminary hearing would have never happened. Deputy District Attorney Jeff Cheney argued that because of the nature of Brownlee's charges, both class 4 felonies, a preliminary hearing is not allowed. Ossola denied the argument, appearing somewhat agitated by the legal maneuver and questioning why Cheney would be concerned about proving probable cause if he has a strong case. Cheney was appointed as a deputy district attorney under new 9th Judicial District Attorney Colleen Truden, who took office Tuesday. Truden won the seat after beating former Assistant District Attorney Lawson Wills in a bitter Republican primary election. Former DA Mac Meyers, a Democrat, was term limited. "As a practical matter, if a prosecutor has enough evidence to prove ( the case ) beyond a reasonable doubt, he wouldn't even hesitate ( to allow a preliminary hearing )," Ossola said. The judge allowed the preliminary hearing to move forward, but warned both sides: "I don't want any game playing. I'm not going to turn this into a major event." Five TRIDENT officers testified at the hearing, each telling of his role in the Aug. 2 bust. The officers said a maintenance man informed them of the alleged marijuana-growing operation on July 30, prompting them to seek out a warrant and begin surveillance on the home. The operation, they said, consisted of plants being grown in Styrofoam containers, a system for watering the plants and a track light that simulates the movement of the sun throughout the day. After the officers' testimony, Ossola said that although the case has the potential of raising some interesting legal issues such as the legality of TRIDENT's search and issues pertaining to medical marijuana, he still found there was enough evidence to bind the case over for trial. Brownlee's arraignment hearing was set for Feb. 10. Brownlee's wife, Jennifer Ryan -- who said on Thursday she is in the process of divorcing Brownlee -- is also charged in connection with the pot grow. She claims the pot was legal because she's a registered caregiver allowed to administer medical marijuana. Her next hearing is set for Jan. 27. Colorado voters passed Amendment 20 about four years ago allowing pot to be used for medicinal purposes. It allows those holding permits to possess six plants, three of which can be flowering, and as much as 2 ounces of the drug. It also allows suspects to argue in court the need for more marijuana than the law allows.