Pubdate: Thu, 07 Jun 2007
Source: Rocky Mountain Chronicle (Fort Collins, CO)
Copyright: 2007 Rocky Mountain Chronicle
Contact:  http://www.rmchronicle.com/
Details: http://www.mapinc.org/media/4512
Author: Joshua Zaffos
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)

A HIGH COURT VICTORY

Standing outside the Larimer County Justice Center on June 1, James 
Masters smiles publicly for the first time in months. Since being 
arrested last August for growing 39 pot plants inside their home, 
James and his wife Lisa have faced jail time and losing custody of 
their two daughters. Now, the county district attorney's office has 
dropped its case against the medical marijuana providers, just three 
days before a scheduled jury trial that the Masters' lawyers called a 
"test case" for Colorado's medical marijuana law.

The prosecution began falling apart last month when Chief Judge James 
A. Hiatt ruled that a police search of the Masters' home was illegal. 
(Read "Stoned - again - in court," from the May 17 issue, online at 
rmchronicle.com). A follow-up defense motion claimed evidence in the 
case was gathered during that illegal entry. Deputy D.A. Michael 
Pierson gave in to that argument, resulting in no admissible evidence 
and a case dismissal.

"I think the grassroots campaign and the media campaign we mounted 
really had an effect on them," says Brian Vicente, one of the 
Masters' two lawyers and the executive director for the pro-cannabis 
organization, Sensible Colorado.

"This case was dismissed because of issues with the search warrant, 
not because of the merits," responds Linda Jensen, spokesperson for 
the D.A.'s office. The outcome will not influence how the county 
prosecutes future, similar cases, she adds.

By law, police are required to return all confiscated property. The 
judge gave the D.A.'s office five days to comply. If law enforcement 
hasn't kept or maintained the Masters' plants, the couple could 
receive monetary compensation, which Vicente roughly calculates at a 
minimum of $78,000 in marijuana and grow-room equipment.

While pleased with the outcome, Vicente and his co-counsel, Rob 
Corry, say a favorable jury decision could have further defined 
aspects of the voter-approved medical marijuana law, including 
providers' rights to sell weed to patients.

The Masters are still growing and supplying cannabis through the 
Larimer County chapter of the Colorado Compassion Club.

"This is a huge victory for medical marijuana patients," James 
Masters says, "but only if the Larimer County sheriff's department 
and the [Fort Collins] police department realize we have a right [to 
grow and smoke cannabis]."
- ---
MAP posted-by: Richard Lake