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A Loveland doctor who recommended medical marijuana for an undercover officer faces possible prison time after a jury found him guilty of attempting to influence a public servant. Dr. Dallas Devere Williams, 75, was arrested in March 2012 on the felony charge after the medical assessment at InHarmony Wellness Center in Windsor. His five-day trial last week ended with a verdict at 7 p.m. Friday. A Facebook page protesting the result was created over the weekend.
"If I had been trained on how a government agency would, or could, entrap a doctor instead of how to be a compassionate doctor, this probably would never have happened. Welcome to the new Police State of Colorado!" according to the page, "The 'Truth' behind the 'case'. Dr. Dallas Williams." The undercover officer, Nick Sprague with the North Metro Drug Task Force, wore a wire through the assessment for the undercover operation with Larimer County Sheriff's Office. He'd said he had stiffness from a 10-year-old basketball injury to his foot. But prosecutors said the foot was never examined, and Williams gave Sprague — who used fake name Nick Mosher — paperwork needed to obtain a marijuana license for "severe pain."
The prosecutors claimed there was neither an appropriate doctor-patient relationship nor proper assessment. The defense argued that a recommendation for marijuana doesn't require a diagnosis the way a prescription for OxyContin would. Denver defense lawyer John Martin said the public servant in question was an "unknown" person working in the Colorado Department of Health and Environment's Medical Marijuana Registry, which issues the licenses. Williams' sentencing is scheduled for 1:30 p.m. Jan. 16. He faces a maximum penalty of two to six years in prison. Medical marijuana licenses in Colorado are allowed for people with a "debilitating medical condition" such as cancer, glaucoma or severe pain, among others, according to Colorado law.
The case was filed before marijuana was legalized for adults in Colorado, But 9News legal analyst Scott Robinson said that's not the issue here. "He's not accused of smoking marijuana. He's accused of taking part in a conspiracy to defraud the law," Robinson said in a previous interview regarding the case. "So that's a big deal." Dr. Joseph Montante, who was arrested about the same time in a similar sting, was convicted in June on the same charge as Williams. He was sentenced to 30 days in jail, 450 hours of community service and three years of probation.
Deputy District Attorney Renee Doak, who prosecuted both cases, in September was given — along with Deputy District Attorney Dawn Downs — the "Prosecutor of the Year Award" from Colorado Drug Investigators Association for their work in the Montante case. The prosecutors were "responsible for the first successful prosecution and conviction of a medical doctor in Colorado for a crime related to 'medical' marijuana certifications," according to the award described in a September news release from the Larimer DA. There was no previous case law or specific statute for dealing with the "incredibly challenging" case, according to the news release.
News Moderator - The General @ 420 MAGAZINE ®
Source: Coloradoan.com
Author: Robert Allen
Contact: Help Center - Fort Collins Coloradoan
Website: Undercover
"If I had been trained on how a government agency would, or could, entrap a doctor instead of how to be a compassionate doctor, this probably would never have happened. Welcome to the new Police State of Colorado!" according to the page, "The 'Truth' behind the 'case'. Dr. Dallas Williams." The undercover officer, Nick Sprague with the North Metro Drug Task Force, wore a wire through the assessment for the undercover operation with Larimer County Sheriff's Office. He'd said he had stiffness from a 10-year-old basketball injury to his foot. But prosecutors said the foot was never examined, and Williams gave Sprague — who used fake name Nick Mosher — paperwork needed to obtain a marijuana license for "severe pain."
The prosecutors claimed there was neither an appropriate doctor-patient relationship nor proper assessment. The defense argued that a recommendation for marijuana doesn't require a diagnosis the way a prescription for OxyContin would. Denver defense lawyer John Martin said the public servant in question was an "unknown" person working in the Colorado Department of Health and Environment's Medical Marijuana Registry, which issues the licenses. Williams' sentencing is scheduled for 1:30 p.m. Jan. 16. He faces a maximum penalty of two to six years in prison. Medical marijuana licenses in Colorado are allowed for people with a "debilitating medical condition" such as cancer, glaucoma or severe pain, among others, according to Colorado law.
The case was filed before marijuana was legalized for adults in Colorado, But 9News legal analyst Scott Robinson said that's not the issue here. "He's not accused of smoking marijuana. He's accused of taking part in a conspiracy to defraud the law," Robinson said in a previous interview regarding the case. "So that's a big deal." Dr. Joseph Montante, who was arrested about the same time in a similar sting, was convicted in June on the same charge as Williams. He was sentenced to 30 days in jail, 450 hours of community service and three years of probation.
Deputy District Attorney Renee Doak, who prosecuted both cases, in September was given — along with Deputy District Attorney Dawn Downs — the "Prosecutor of the Year Award" from Colorado Drug Investigators Association for their work in the Montante case. The prosecutors were "responsible for the first successful prosecution and conviction of a medical doctor in Colorado for a crime related to 'medical' marijuana certifications," according to the award described in a September news release from the Larimer DA. There was no previous case law or specific statute for dealing with the "incredibly challenging" case, according to the news release.
News Moderator - The General @ 420 MAGAZINE ®
Source: Coloradoan.com
Author: Robert Allen
Contact: Help Center - Fort Collins Coloradoan
Website: Undercover