Pubdate: Wed, 09 Dec 2015
Source: Colorado Springs Independent (CO)
Column: CannaBiz
Copyright: 2015 Colorado Springs Independent
Contact:  http://www.csindy.com
Details: http://www.mapinc.org/media/1536
Author: Griffin Swartzell

COLORADO LAW ALLOWS JURY DISCRETION IN STONED DRIVING CASES, BLM AND 
DEA BUST MARIJUANA GROWERS

Due process

Prosecutors throughout the state are complaining that it's too hard 
to convict stoned drivers, according to a CBS4/Denver report. In 
Colorado, any driver with more than 5 nanograms of THC per milliliter 
of blood is legally presumed to be impaired, but those accused can 
rebut the charge in court. CBS4 cites the June 2014 trial of 
Westminster resident Melanie Brinegar, who was recently found not 
guilty of driving under the influence. Jurors were told that when she 
was pulled over for expired tags, she was not driving erratically. 
While she did fail roadside sobriety tests, jurors reportedly tried 
the tests themselves and found them difficult while sober.

The Marijuana Policy Project states on its website that "Metabolites 
can be detected weeks after impairment wears off, and THC can be 
detected days or even weeks after some regular consumers last used 
marijuana." That being the case, this rebuttal process could be a 
lifesaver for people who consume a lot of marijuana, including cancer 
patients and those who use pot to relieve severe pain. Adding that 
element of jury discretion allows for the justice system to address 
possible drugged driving with all available evidence.

Brad Wood, the jury foreman on Brinegar's case, told CBS4 that what 
she was pulled over for influenced their decision.

"If the officer said, 'We saw her weave,' it probably would have been 
a different story," Wood said.

Accused growers indicted

Bringing a seven-month investigation closer to its end, a federal 
grand jury has indicted two men for crimes related to illegal 
marijuana operations. According to a Department of Justice press 
release, 33-year-old Parachute, Colorado, resident Luis Adolfo Garcia 
and 23-year-old undocumented immigrant Luis Rios-Cortes have each 
been charged with one count of manufacture and possession with intent 
to distribute 100 kilograms or more of marijuana, plus one count of 
conspiracy to commit the same.

The two men were identified in part by their vehicles, which had been 
seen around the Dolores River near the border between Montrose and 
Mesa counties since April, near where Bureau of Land Management and 
DEA officials busted two large illegal grow operations in September.

In mid-November, BLM and DEA officials executed search warrants in 
concert with other agencies and tied both men to 1,720 pounds of 
dried weed. Both the manufacture and possession and the conspiracy 
charges carry minimum five-year sentences, with penalties maxing out 
at 40 years and $5 million in fees.

Rios-Cortes was also charged for being an undocumented immigrant in 
possession of a firearm, for which he can be sentenced to no more 
than 10 years in jail with fines up to $250,000.
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