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Medical Marijuana: Jury Clears Kaleb Young, Caretaker Who Had No Red Card


bobandtorey
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Last Friday, medical marijuana caretaker Kaleb Young, in the company of attorneys Rob Corry and Travis Simpson, retrieved a pickup-truck full of marijuana and equipment from the Larimer County Sheriff's Office.

 

Thus ended a fourteen-month legal odyssey that began with a SWAT team bust and ended with a jury acquitting Young of felony charges even though he didn't have an MMJ registry card at the time of his arrest.

 

According to Corry, Young, a 33-year-old Timnath resident, served as a caretaker for multiple patients -- prosecutors only acknowledged five due to restriction in the state's MMJ regulations, Corry says there were more -- and had a doctor's recommendation for fifty plants. However, his application for a red card was in limbo through much of 2010 because, at that time, the Colorado Department of Public Health and Environment was many months behind in processing the paperwork​In the meantime, various law enforcement agencies had their eye on him. "They started looking at his residence that June" he says. "Multiple police officers went over there, made observations, pulled power records. They spent hundreds of hours working this up. It was ridiculous."

 

 

 

Then, in September, officers raided Young's home, and they came in force. Says Corry, "They had eighteen SWAT-level officers wearing battle dress uniforms, many of them carrying assault rifles. They ripped Kaleb out of his house with guns drawn -- this for a guy who had no criminal record -- and did the same thing to his mother."

 

To their presumed chagrin, the cops found "nothing" at Young's home, Corry allows. But a warehouse space contained "a small grow -- fifty plants, some of them dying, cared for by an amateur grower with piles of documentation."

 

What he lacked, of course, was a red card, which may have inspired his prosecution "to the fullest extent of the law," Corry says. "They charged him with three felony counts: cultivation, possession with intent to distribute, and possession of over eight ounces, which was felony level at that time. And they never made a reasonable offer to settle the case. They insisted on a felony, and there's no way I'd let a client in that situation take a felony."

 

As a result, the case dragged on for more than a year before Young came out on top. Still, it wasn't a slam dunk. "I think the jury was ambivalent," Corry concedes. "They wrote a note saying they're concerned about how some people can game the system. But the not guilty verdict speaks louder."

 

Hence the trip Young, Corry and Simpson took to the Larimer County Sheriff's Office on Friday. Corry says some of the plants they retrieved were still alive, but many weren't. Even so, Young should be able to start over -- and now he has a couple of things he didn't just over a year ago.

 

A red card. And confirmation that keeping all your paperwork is a really good idea.

 

<A href="http://blogs.westword.com/latestword/2011/12/medical_marijuana_kaleb_young_acquitted.php">http://blogs.westword.com/latestword/2011/12/medical_marijuana_kaleb_young_acquitted.php

 

 

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they have the mmj protections in the constitution, so the patient/caregiver/doctor rights reign supreme...it's not like here for protections. cops actually are legally liable for the weed/gear they confiscate & are obligated to return it safely if the case/charge isn't valid...this includes the living plants they might try to take from one's home.

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yup, u can look it up & read it in the text.

 

basically, it holds the cops accountable for their actions... they must think first, before they act as there are consequences. if they take the plants, they will not 'care' for them obviously, so they are now dead, and that is material harm to an otherwise legal person, by the constitutional protections. that person can sue the cops for damages... and they are legally liable.

 

wish we had something like that here.

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actually the dispensary legislation they have is 'extraconstitutional'... it operates distinct from the amendment that outlines the patient rights. it's a big difference. the rules & regs goes to govern the dispensary system, which isn't outlined at all, but the State carved out that law to deal w all the stores that opened up without infringing upon the constitutional rights. patients/caregivers are much more protected there than here. we can still outline a dip system like they did, but the patient rights aren't fully protected here... they can change/repeal the law at any time, basically.

 

but the leadership there is what brought about the downfall of the true patient-caregiver models & brought about the highly exclusive & commercial system of the dispensaries. the leadership there failed the patients, failed the intent of the law, failed the direction we could have taken it. CO is a quagmire... not all peaches & cream like you see on tv. most of those really slick companies (like simply pure & fsl) are now defunct... lost their asses, bko. much is the same of many of the dispensaries. the ones that are surviving will be very large, very exclusive, very 'in bed' w that leadership that closed the market & squeezed a great deal of players from the game... many of the smaller ones with patient advocacy in mind.

 

we don't want the CO model here, but we do want a constitutional-level of protection for our rights... to have & grow marijuana free from the fear of asset forfeiture & incarceration... and between ourselves & our doctors. screw CO... and screw scheutte.

Edited by CleanD
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You're right-on, clean-D. Sounds like they po some of their Patients?

 

Just checkin on there stats and I see they only have 88,000 Patients there now, compared to our near 127,000 !

 

Course we have twice their population, yet they've had MMj there since 2001...

 

:goodjob: !!! Way to go Michigan !!! :goodjob:

 

Colorado - MMj Stats

 

Michigan - MMj Stats

Edited by solabeirtan
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