Pubdate: Tue, 4 Dec 2007
Source: Daily Reporter-Herald (Loveland, CO)
Copyright: 2007 The Daily Reporter-Herald
Contact:  http://www.reporterherald.com
Details: http://www.mapinc.org/media/1710
Author: Cara O'Brien, The Reporter-Herald
Cited: Sensible Colorado http://www.sensiblecolorado.org
Cited: Fort Collins Police http://www.ci.fort-collins.co.us/contactus/
Bookmark: http://www.mapinc.org/people/James+Masters
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)
Bookmark: http://www.mapinc.org/find?246 (Policing - United States)

MEDICAL MARIJUANA RETURNED TO FORT COLLINS COUPLE MOSTLY RUINED

Monday may have been the first day in Colorado history that someone 
got their marijuana back from the police.

Early Monday morning, flanked by attorneys, supporters and the media, 
Lisa and James Masters appeared at the Fort Collins Police Department 
to retrieve marijuana plants, growing equipment and other 
paraphernalia seized 16 month ago from what the Masterses say was a 
growing operation solely for medicinal marijuana.

"This is historic," said Robert Corry, a lawyer for the couple. "It's 
a beautiful day for medical marijuana."

But the marijuana and equipment returned Monday were mostly dried 
out, broken or dead.

Plants were dried and dead in evidence bags, a glass bong was shattered.

The Masterses and their attorneys said they plan to seek compensation 
for the damage to all the equipment.

"The Fort Collins Police absolutely did not obey the state law," said 
Brian Vincente, an attorney for the couple and executive director of 
Sensible Colorado, an organization that advocates for "effective drug 
policy." "The police have destroyed the plants; they are all dead."

In early August, 2006, the Masters home was raided by police after 
child welfare investigators saw marijuana growing in the home.

Their two children were taken from them, as were 39 plants, at least 
eight ounces of loose marijuana and growing equipment.

The charges were eventually dropped when the search of the home was 
ruled illegal.

And last week a judge ordered the marijuana plants and growing 
equipment returned.

James Masters, 30, said he suffers from chronic nausea and pain as 
well as cyclic vomiting. Lisa Masters, 32, said she has fibromyalgia 
and a barrage of other symptoms related to it.

The Masterses use the marijuana to help their symptoms, and sell it 
to patients with a variety of health problems.

"These people are good people, and they're genuinely sick," Vincente said.

But at the time of the raid, the couple did not have a license to 
grow medicinal marijuana.

At the time the marijuana was confiscated, the Masterses were not on 
the municipal marijuana registry, nor did they have a license, said 
Rita Davis, public information officer for the Fort Collins Police 
Department. "So it was treated like any other marijuana confiscation."

So while the Masterses plan to inventory the returned items, the 
police officials say they never had an obligation to maintain the plants.

The Masterses now have a license for growing and distributing 
medicinal marijuana, and lost just a few weeks of business after 
their arrests in 2006.

James Masters said the family's primary source of income comes from 
distribution of medicinal marijuana; income that pulled them out of a 
bad state they were in a few years ago.

"Today I'm paying taxes, I'm going to work every day," James Masters said.

The Masterses' attorneys say the law allows growing, use and 
distribution of medicinal marijuana without a license if the 
patient's health warrants it and especially if a doctor has recommended it.

But Davis said that is untrue.

She said without the license every case of growing or distributing 
marijuana is treated like a criminal marijuana case. 
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MAP posted-by: Richard Lake