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The Garfield County Sheriff's Office does not plan to be in the marijuana cultivation business any time soon.
Cases dismissed previously raised the question of whether or not law enforcement would have to grow marijuana to convict people who abuse legal permits to grow medicinal marijuana.
The most recent case involves the seizure of 73 marijuana plants on Westbank Road on Nov. 30 that led to the arrests of Julia Jundt, 48, and Steven Jundt, 47.
Earlier this year, marijuana cases were dismissed against Justin Brownlee, Gene Brownlee and Jennifer Ryan. Charges arose from the seizure of 130 marijuana plants from Brownlee's apartment in Rifle in 2004. Another man involved, Drew Gillespie, pleaded guilty and received a deferred sentence and 75 hours of community service.
The various counts of possession of marijuana with the intent to distribute were dismissed because authorities destroyed most of the seized marijuana. Defendants contended they were cultivating marijuana for medicinal purposes allowed by state law. In cases involving registered medicinal marijuana providers, marijuana plants must be kept in a living state and returned if the defendant is found not guilty, Sheriff Lou Vallario said.
In the cases from 2004, the defendants had far more plants than allowed under medicinal marijuana provisions, he added. Law enforcement erred by following typical procedures, which include photographing and taking samples of the plants while destroying the bulk of them, he said.
Vallario said the same legal loophole could not apply in a recent marijuana case where authorities allegedly found 73 marijuana plants in a Westbank Road home because the defendants are not registered medicinal marijuana providers.
In that case, Julia Jundt was arrested after a property owner reported what he suspected to be a marijuana growing operation at his Westbank Road rental house.
Steven Jundt was arrested on Dec. 12 in connection with the same alleged growing operation. Both are charged with unlawful possession with intent to distribute, a Class 4 felony.
Steven Jundt appeared in District Court Wednesday with a newly hired attorney who requested and was given a continuance of the case until Feb. 22. Julia Jundt is set to appear in court on Jan. 11.
The sheriff's office would never be forced to grow marijuana in order to convict anyone, Vallario said, because in the future the sheriff's office could simply turn to the federal government.
"More than likely, we'll just sic the feds on them, because they don't really care about the medicinal marijuana law," Vallario said. "We certainly don't want to be in the cultivation business."
Federal law, which doesn't recognize medicinal marijuana laws, can supersede state law or city ordinance.
Vallario added that he doesn't pass judgment on the value of medicinal marijuana. But he said it should be regulated and distributed like any other pharmaceutical.
Newshawk: User - 420 Magazine
Source: Glenwood Springs Post Independent
Pubdate: 22 December 2006
Author: Pete Fowler
Copyright: 2006 Glenwood Springs Post Independent
Contact: pfowler@postindependent.com
Website: News Glenwood Springs Colorado
Cases dismissed previously raised the question of whether or not law enforcement would have to grow marijuana to convict people who abuse legal permits to grow medicinal marijuana.
The most recent case involves the seizure of 73 marijuana plants on Westbank Road on Nov. 30 that led to the arrests of Julia Jundt, 48, and Steven Jundt, 47.
Earlier this year, marijuana cases were dismissed against Justin Brownlee, Gene Brownlee and Jennifer Ryan. Charges arose from the seizure of 130 marijuana plants from Brownlee's apartment in Rifle in 2004. Another man involved, Drew Gillespie, pleaded guilty and received a deferred sentence and 75 hours of community service.
The various counts of possession of marijuana with the intent to distribute were dismissed because authorities destroyed most of the seized marijuana. Defendants contended they were cultivating marijuana for medicinal purposes allowed by state law. In cases involving registered medicinal marijuana providers, marijuana plants must be kept in a living state and returned if the defendant is found not guilty, Sheriff Lou Vallario said.
In the cases from 2004, the defendants had far more plants than allowed under medicinal marijuana provisions, he added. Law enforcement erred by following typical procedures, which include photographing and taking samples of the plants while destroying the bulk of them, he said.
Vallario said the same legal loophole could not apply in a recent marijuana case where authorities allegedly found 73 marijuana plants in a Westbank Road home because the defendants are not registered medicinal marijuana providers.
In that case, Julia Jundt was arrested after a property owner reported what he suspected to be a marijuana growing operation at his Westbank Road rental house.
Steven Jundt was arrested on Dec. 12 in connection with the same alleged growing operation. Both are charged with unlawful possession with intent to distribute, a Class 4 felony.
Steven Jundt appeared in District Court Wednesday with a newly hired attorney who requested and was given a continuance of the case until Feb. 22. Julia Jundt is set to appear in court on Jan. 11.
The sheriff's office would never be forced to grow marijuana in order to convict anyone, Vallario said, because in the future the sheriff's office could simply turn to the federal government.
"More than likely, we'll just sic the feds on them, because they don't really care about the medicinal marijuana law," Vallario said. "We certainly don't want to be in the cultivation business."
Federal law, which doesn't recognize medicinal marijuana laws, can supersede state law or city ordinance.
Vallario added that he doesn't pass judgment on the value of medicinal marijuana. But he said it should be regulated and distributed like any other pharmaceutical.
Newshawk: User - 420 Magazine
Source: Glenwood Springs Post Independent
Pubdate: 22 December 2006
Author: Pete Fowler
Copyright: 2006 Glenwood Springs Post Independent
Contact: pfowler@postindependent.com
Website: News Glenwood Springs Colorado
