T
The420Guy
Guest
Nord Battles to Get Drugs Returned to Him After They Were Seized
A Hayden man has asked a state court to cite officers who seized
marijuana from his home with contempt for not following a judge's
order to return the drugs.
Don Nord, 57, who has battled kidney cancer, diabetes and other
illnesses, is registered with Colorado's Medical Marijuana Registry
program. Agents with the Grand, Routt and Moffat Narcotics Enforcement
Team, who searched Nord's home and seized the drugs in mid-October,
argue they are not bound by the county judge's ruling because federal
law prohibiting the use of marijuana supercedes state law.
Kristopher Hammond, Nord's attorney, filed a motion Tuesday seeking
contempt citations for all nine officers who participated in the
search. The motion was filed in Routt County court.
At a hearing Dec. 8, Routt County Judge James Garrecht instructed the
federal agents to return the seized drugs and equipment to Nord. Some
equipment was returned to Nord, but the drugs weren't. Garrecht set a
Monday deadline.
If cited for contempt, the officers could be fined, forced to pay
attorney fees or sent to jail, Hammond said.
Hammond's filing is the most recent step in a case highlighting the
conflict between state and federal law regarding marijuana.
According to federal law, marijuana is illegal to use and grow. But a
Colorado law approved by voters in 2000 allows marijuana to be used
and grown by people with certain medical conditions. Colorado is one
of nine states with laws permitting marijuana for medicinal purposes.
Dick Weatherbee, spokesperson for the U.S. Attorney's Office, said
that under federal law, marijuana is a Schedule I controlled
substance, the level considered the most addictive and dangerous.
"Under federal law, marijuana is contraband, and by policy we destroy
contraband. We don't give it back," Weatherbee said. "There is
obviously a dilemma here."
He said before the U.S. attorney takes any action, the judge's ruling
on the motion is needed. If Garrecht decides not to hold the officers
in contempt of court, "then it's not much of an issue," Weatherbee
said.
Weatherbee said one option could be to move the case to federal
court.
Dan Reuter, a field agent and spokesperson for the Denver field office
of the U.S. Drug Enforcement Administration, said the drugs are being
held at a U.S. Drug Enforcement Administration laboratory in San
Francisco and are slated for destruction.
In mid-October, GRAMNET searched Nord's home and seized marijuana,
growing equipment, and more. Some equipment, such as a 1,000-watt
light bulb and grow light ballast, was returned last week. But the 2
ounces of usable marijuana and the smoking pipes that were ordered to
be returned were not.
"We waited up all night (Monday), just like waiting for Santa Claus to
show up," Hammond said. "Instead of Santa Claus, we got the Grinch."
Hayden Police Chief Jody Lenahan, who participated in the search, said
he has never been held in contempt of court for his work.
Nord was issued a citation for the possession of between 1 and 8
ounces of marijuana and possession of drug paraphernalia after the
search. Those charges were dismissed, Garrecht said, because the
citation was filed late.
Nord had more than 2 ounces of usable drug, officers said, so he was
out of compliance with the state rule.
The case could be appealed or sent to a federal court if the
administration and other federal agencies decide to take it further.
"They could stop it easily by just giving this guy his stuff back,"
Hammond said, "and it would just die."
Pubdate: Wed, 31 Dec 2003
Source: Steamboat Pilot & Today, The (CO)
Copyright: 2003 The Steamboat Pilot & Today
Contact: editor@steamboatpilot.com
Website: https://www.stmbt-pilot.com/
A Hayden man has asked a state court to cite officers who seized
marijuana from his home with contempt for not following a judge's
order to return the drugs.
Don Nord, 57, who has battled kidney cancer, diabetes and other
illnesses, is registered with Colorado's Medical Marijuana Registry
program. Agents with the Grand, Routt and Moffat Narcotics Enforcement
Team, who searched Nord's home and seized the drugs in mid-October,
argue they are not bound by the county judge's ruling because federal
law prohibiting the use of marijuana supercedes state law.
Kristopher Hammond, Nord's attorney, filed a motion Tuesday seeking
contempt citations for all nine officers who participated in the
search. The motion was filed in Routt County court.
At a hearing Dec. 8, Routt County Judge James Garrecht instructed the
federal agents to return the seized drugs and equipment to Nord. Some
equipment was returned to Nord, but the drugs weren't. Garrecht set a
Monday deadline.
If cited for contempt, the officers could be fined, forced to pay
attorney fees or sent to jail, Hammond said.
Hammond's filing is the most recent step in a case highlighting the
conflict between state and federal law regarding marijuana.
According to federal law, marijuana is illegal to use and grow. But a
Colorado law approved by voters in 2000 allows marijuana to be used
and grown by people with certain medical conditions. Colorado is one
of nine states with laws permitting marijuana for medicinal purposes.
Dick Weatherbee, spokesperson for the U.S. Attorney's Office, said
that under federal law, marijuana is a Schedule I controlled
substance, the level considered the most addictive and dangerous.
"Under federal law, marijuana is contraband, and by policy we destroy
contraband. We don't give it back," Weatherbee said. "There is
obviously a dilemma here."
He said before the U.S. attorney takes any action, the judge's ruling
on the motion is needed. If Garrecht decides not to hold the officers
in contempt of court, "then it's not much of an issue," Weatherbee
said.
Weatherbee said one option could be to move the case to federal
court.
Dan Reuter, a field agent and spokesperson for the Denver field office
of the U.S. Drug Enforcement Administration, said the drugs are being
held at a U.S. Drug Enforcement Administration laboratory in San
Francisco and are slated for destruction.
In mid-October, GRAMNET searched Nord's home and seized marijuana,
growing equipment, and more. Some equipment, such as a 1,000-watt
light bulb and grow light ballast, was returned last week. But the 2
ounces of usable marijuana and the smoking pipes that were ordered to
be returned were not.
"We waited up all night (Monday), just like waiting for Santa Claus to
show up," Hammond said. "Instead of Santa Claus, we got the Grinch."
Hayden Police Chief Jody Lenahan, who participated in the search, said
he has never been held in contempt of court for his work.
Nord was issued a citation for the possession of between 1 and 8
ounces of marijuana and possession of drug paraphernalia after the
search. Those charges were dismissed, Garrecht said, because the
citation was filed late.
Nord had more than 2 ounces of usable drug, officers said, so he was
out of compliance with the state rule.
The case could be appealed or sent to a federal court if the
administration and other federal agencies decide to take it further.
"They could stop it easily by just giving this guy his stuff back,"
Hammond said, "and it would just die."
Pubdate: Wed, 31 Dec 2003
Source: Steamboat Pilot & Today, The (CO)
Copyright: 2003 The Steamboat Pilot & Today
Contact: editor@steamboatpilot.com
Website: https://www.stmbt-pilot.com/
