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.