Pubdate: Tue, 26 Feb 2013
Source: Denver Post (CO)
Copyright: 2013 The Denver Post Corp
Contact:  http://www.denverpost.com/
Details: http://www.mapinc.org/media/122
Author: John Ingold
Page: 5A

MAN SAYS POT SWAP OK'D

Cop's Newspaper Comments Signaled Legality of Service, Accused Says

A Colorado Springs man facing felony marijuana-distribution charges 
for running a pot-for-donations service says police signaled the 
service was legal at the same time they were conducting undercover 
stings on it.

Pritchard Garrett, who is accused of being the leader of 
Billygoatgreen MMJ, says the service took off after Colorado Springs 
Police Lt. Mark Comte gave an interviewt o the Colorado Springs 
Independent in which he said delivering pot in exchange for donations 
was not necessarily illegal under Colorado's new laws for marijuana.

Comte's comments appeared in the Independent on Jan. 30. The previous 
day, two undercover Colorado Springs detectives organized a marijuana 
purchase from Billygoatgreen as part of an investigation into the 
service, according to arrest affidavits in the case.

"You just green-lighted this delivery business," Garrett said of 
Comte's comments. "You just said, 'Hey, the cops said this wasn't 
illegal, so call them up.' "

Comte, though, defended his comments and accused Garrett of 
distributing more marijuana than Comte had suggested it might be legal to do.

"His intent was clearly to skirt Amendment 64," Comte said, 
referencing the law that made limited marijuana possession legal in Colorado.

Meanwhile, a spokeswoman for Colorado's attorney general says her 
boss has concluded that marijuana-for-donation exchanges aren't legal 
under any circumstances.

"Distributing marijuana in exchange for suggested donations is a scam 
to get around the laws against the sale of marijuana," spokeswoman 
Carolyn Tyler said, summing up Attorney General John Suthers' position.

It further complicates one of the stickiest questions facing the 
state in the immediate aftermath of marijuana legalization: When is 
an exchange a sale?

Amendment 64 allows people over age 21 to possess up to an ounce of 
marijuana and to give up to an ounce of marijuana to another adult 
"without remuneration"- in other words, without payment. Sales of 
marijuana will eventually be legal but not until retail marijuana 
stores open late this year or early next year. Even then, the only 
people who can sell marijuana must have a marijuana business license 
from the state.

In an interview, Garrett said Billygoatgreen sought to fill the 
current retail hole by offering to give people free marijuana and 
then soliciting a donation for expenses.

"I really thought we were doing something that we could be proud of, 
something that would provide for our family," Garrett said.

Comte told the Independent in January that Colorado law is unclear 
about such exchanges.

"If I show up at your house with less than an ounce of marijuana, I'm 
21, you're 21, and I say, 'Hey, dude, it cost me 50 bucks in gas to 
get over here,' and you give me 50 bucks for my gas, there's nothing 
illegal," Comte told the newspaper.

In an interview with The Denver Post, Comte stood by his statements.

"Amendment 64 left a lot of loopholes in current, existing laws," he said.

But he contended Billygoatgreen was operating outside those 
loopholes. According to arrest affidavits, a Billygoatgreen delivery 
man gave detectives about 1.6 ounces during one undercover buy and 
about 2.1 ounces during a second buy. The affidavits say specific 
prices were also agreed upon for the marijuana.

Garrett and two others connected with Billygoatgreen - Shilo Campbell 
and Matthew Alther - were arrested Feb. 5. They face felony marijuana 
distribution charges. Because of a previous criminal history in 
Maryland that included prison time, Garrett said he could be looking 
at life behind bars.

"I'm scared," he said. "I'm not going to lie."
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MAP posted-by: Jay Bergstrom