Pubdate: Fri, 02 May 2008
Source: Craig Daily Press, The (CO)
Copyright: 2008 The Craig Daily Press
Contact: http://www.craigdailypress.com/site/feedback
Website: http://www.craigdailypress.com/
Details: http://www.mapinc.org/media/2334
Author: Joshua Roberts

JUDGE ORDERS MEDICAL MARIJUANA RETURNED TO CRAIG MAN

Craig - Tim Martin, a 24-year-old Craig man, said he has battled a
"well-documented" history of severe pain caused by migraine headaches
and stomach ailments for almost 10 years.

Medical marijuana, which seven months ago he cultivated in his Craig
apartment for himself and others, helps alleviate that pain.

"That is the only reason I use marijuana - for pain," he
said.

"This medical marijuana is a right for me. It's something that treats
my illness, and it helps."

Backed by a court order, Martin was able to complete an unusual
transaction Thursday that entailed him retrieving marijuana and items
used to grow it from Moffat County authorities.

The All Crimes Enforcement Team arrested Martin in October 2007,
seizing marijuana and other cultivation items from his apartment. He
was charged with felony counts of cultivation, possession with intent
to distribute and distribution, among other charges.

The catch: Martin was registered as a patient and caregiver at the
time with the Colorado Department of Public Health and Environment's
Medical Marijuana Registry program, which allowed him to legally
possess and use designated amounts of marijuana and plants and provide
marijuana to other registered patients.

Under a plea agreement, five charges against Martin were dismissed. He
pleaded guilty to one count - possession of 8 ounces or more of
marijuana, a Class 5 felony.

On Wednesday, Moffat County District Court Judge Shelley Hill
sentenced Martin to three years probation, 15 days in jail, 24 hours
community service and to pay about $3,523 in costs and fees. He has no
prior criminal history in Moffat County, according to court records.

The judge also complied with a request from Martin's attorney, Robert
Corry, of Denver, and ordered the return of his client's marijuana and
other property. The 14th Judicial District Attorney's Office objected
to the drug being returned.

Martin was able to retrieve about 35 items seized from him, including
two ounces of marijuana, a portable air conditioning unit, two
1,000-watt grow lamps, horticulture books, smoking pipes and a
vaporizer. A handgun that was seized will not be returned to him
because of his felony conviction.

Corry said law required the judge to order marijuana that Martin is
legally permitted to possess be given back to him. The District
Attorney's Office had no comment.

Martin, a former media director for the local group, Communities
Overcoming Meth Abuse, said his problems with the law stemmed from
providing marijuana to a person who wasn't listed on the state's
registry. Admittedly, doing so was a "large mistake," he said.

"I became too trusting of a person and was told that person was in the
process of being in the program," he said.

"That was a mistake on my part. I take responsibility for that
mistake. . Ultimately, I broke the rules. You have to follow the
rules. That's the bottom line."

He was scheduled to report to jail Thursday afternoon to begin serving
his sentence.

Martin said he provided marijuana to three other people who were
registered with the state. Those patients suffered either from cancer
or AIDS, he said.

"It helps them with their nausea and pain with relatively no side
effects," Martin said.

Prescribed pills for his medical condition caused harsh side effects,
Martin said, and prompted him to use marijuana to ease the pain.

"This helps me and I have no side effects," he said.

Amendment 20, passed in the November 2000 general election, tasked
Public Health and Environment with implementing the Medical Marijuana
Registry program. According to the department, 54 counties have
registered applicants; Moffat County is listed as having less than
three patients and Routt County is listed as having four patients.

Martin said he continues to use medical marijuana, but no longer grows
it. He now obtains it through a caregiver, like he once was.

"Part of taking that responsibility was I (voluntarily) gave up my
caregiver-ship," he said.

Martin said he is an advocate for drug reform, specifically for more
treatment in lieu of prison sentences for users. He also has worked as
an unpaid volunteer for Safer Alternative for Enjoyable Recreation
Colorado, a group that has campaigned for legalizing small amounts of
marijuana for recreational use.

However, he said his case was not about the pros and cons of
legalizing drugs, rather the court upholding rights given to him by an
authorizing doctor and the state's voters.

"This is a health issue," he said. "This is a right given to me by a
medical doctor. . It falls in line with the will of the people of
Colorado. (The judge) made a fair decision, the right decision."
- ---
MAP posted-by: Derek