cannabisnews.com: Prosecutor Drops Medical Marijuana Case





Prosecutor Drops Medical Marijuana Case
Posted by CN Staff on September 03, 2004 at 10:11:05 PT
By Scott Schwebke
Source: Montrose Daily Press 
Montrose -- A prosecutor refused Thursday to file drug charges against a Pea Green man who contends he is legally entitled to grow medical marijuana.Assistant District Attorney Dan Hotsenpiller stated in a written notice filed in Montrose County Court there is "insufficient evidence" that would be admissible at trial to charge 53-year-old Michael Branson.
Prior to court getting underway Thursday morning, Hotsenpiller said the decision wasn't based on the provisions of Colorado's medical marijuana law."Rather it's an issue of evidence being admissible at trial to support a conviction," he said, declining to elaborate on the specific reasons why charges were not filed. "When that's the case there is no other choice but not to file charges."Montrose County Sheriff's Office personnel arrested Branson Aug. 18 on suspicion of marijuana cultivation after police conducting a flyover spotted marijuana growing in a garden at his residence on Amber Road.Branson said he is registered with the state as a caregiver and is allowed to grow marijuana for a 44-year-old Eckert area woman who has multiple sclerosis and is a registered medical marijuana patient.Branson was arrested because MCSO personnel found 22 plants on his property, which is 16 more than allowed under the state's medical marijuana statute.Branson has admitted growing more plants than allowed by law because he is attempting to become a caregiver for another individual and a registered medical marijuana patient himself.To be listed on the registry, a patient must obtain certification from a licensed Colorado physician that they have been diagnosed with a debilitating condition that may be alleviated by marijuana.Following Thursday's court proceedings, Branson expressed relief at not being charged, but was critical of his arrest by the MCSO.Branson said law officers should have attempted to contact state health officials to confirm his registration as medical marijuana caregiver before searching his property and seizing the pot."They screwed up," he said.The woman who reportedly uses the medical marijuana that Branson grows and was with him in court Thursday said she has been "living on painkillers" since the seizure of the pot.She also said authorities were heavy-handed in taking the marijuana and arresting Branson."They drug us both through hell," said the woman, who declined to give her name.After court adjourned, the woman asked Hotsenpiller whether 2 ounces of useable marijuana she says the state allows her to possess would be returned by the MCSO."You took my medicine," she angrily told Hotsenpiller as he entered an elevator on the first floor of the Montrose County Justice Center.Just before the elevator door closed, Hotsenpiller replied that he doesn't answer "rhetorical questions."Hotsenpiller later told the Daily Press the MCSO had been instructed to release evidence associated with the case.However, it remained unclear how much, if any, of the marijuana would be returned.Montrose County Undersheriff Dick Deines said his department would comply with an order to release the evidence. He also believes the search and seizure at Branson's residence was carried out properly."I don't think there was any wrongdoing," he said.Source: Montrose Daily Press (CO)Author: Scott SchwebkePublished: Friday, September 03, 2004 Copyright: 2004 The Montrose Daily PressContact: scotts montrosepress.comWebsite: http://www.montrosepress.com/Medicinal Cannabis Research Linkshttp://freedomtoexhale.com/research.htmCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml
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Comment #10 posted by FoM on September 03, 2004 at 22:59:49 PT
News Article from KLEW TV
No Charges Filed Yet In Medical Marijuana CaseBy Greg MeyerSeptember 3, 2004 
COLFAX - 
The Pullman man arrested for growing marijuana at the motel he owns and lives at was in court Friday for what was called a review of charges. But, as of now, there are no charges. 61-year-old Loren Hanson turned himself into the Whitman County Sheriff's Office last Wednesday. The night before, members of the Quad Cities Drug Task Force, acting on an anonymous tip, confiscated growing equipment and 34 marijuana plants at the Manor Lodge Motel, Hanson's residence and place of business.Hanson was released on his own recognizance after turning himself in and being booked on a charge of manufacturing marijuana. Hanson admits that he was growing the marijuana, but that he was doing so because he has glaucoma, and the state of Washington has a law which allows the growing and use of marijuana for medicinal purposes.At the time of the confiscation, Hanson admits he did not fully understand the law, and did not have the necessary note from his doctor required by that law. He does have a note now.In court Friday, Whitman County Superior Court Judge David Frazier said that no charges have actually been filed against Hanson. As a result, all restrictions against Hanson's movement have been lifted. Those restrictions included his not being able to leave the state, except to buy groceries and other items in the L-C Valley.Frazier said Friday the case is not closed. Prosecutors may still file charges.Whitman County Prosecuting Attorney Denis Tracy said he still has not received the investigation report from the Quad Cities Drug Task Force.Meanwhile, Hanson and his wife Carol must wait and see what the future holds for them.http://www.klewtv.com/x5781.xml?ParentPageID=x5649&ContentID=x57581&Layout=KLEW.xsl&AdGroupID=x5781
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Comment #9 posted by runruff on September 03, 2004 at 17:49:56 PT:
kaptinemo
My man!Go sic 'em doggie.
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Comment #8 posted by mayan on September 03, 2004 at 17:42:34 PT
unrelated...
Here is a very interesting article regarding an American who is assisting the Dutch with their new mmj program...Growing marijuana, with Dutch government help: 
http://www.iht.com/articles/537303.htmlThe way out...MEDIA ADVISORY: September 9th -- 9/11 Citizens' Commission + Pre-Event Morning Press Conference:
http://www.911citizenswatch.org/modules.php?op=modload&name=News&file=article&sid=394&mode=thread&order=0&thold=0Results of 9/11 Zogby Poll:
http://www.zogby.com/news/ReadNews.dbm?ID=855
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Comment #7 posted by kaptinemo on September 03, 2004 at 17:27:09 PT:
Declarative statments are not rhetorical questions
"You stole my medicine." is a declarative statement, not a rhetorical question. There was no rising inflection at the end to denote an interrogative. Surely this cop has had the same basic level of education as the rest of the the citizenry as to what constitutes each.Another tragic example of the success of the "dumbing down" of the American electorate, I am afraid.But perhaps he would like to try to ponder *this* rhetorical question: "In a truly just society with functioning checks and balances against autocratic, tyrannical behavior by public servants, what do you call a purported 'civil servant' who is so contemptuous of those who pay his salary as to engage in such behavior?"The proper answer to such a question is: "UNEMPLOYED".
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Comment #6 posted by Shishaldin on September 03, 2004 at 14:59:53 PT
oh, and...
...come up with PROPER RESPECTFUL ANSWERS to those "rhetorical questions."
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Comment #5 posted by global_warming on September 03, 2004 at 14:58:51 PT
Another HotShot
Welcome back Kapt, I could never get through Janes book, it is still sitting on shelf collecting dust..""You took my medicine," she angrily told Hotsenpiller as he entered an elevator on the first floor of the Montrose County Justice Center..Just before the elevator door closed, Hotsenpiller replied that he doesn't answer "rhetorical questions."Imagine this big shot Hotsenpiller, entering the ..Justice Center, I ask, where is the "Justice", where is the "Compassion", where is the man or women who professes to believe in God, yet six days a week they serve the Lord of Darkness.There will come the day, when this Hotshot-fellar, will wake an old man, his body will ache and his legs will swell, he will beg for medication, and they will say to him, you already have had enough pain killer, it is against the "Law" for us to administer any more medication, just grin and bare it..Ha,...
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Comment #4 posted by Shishaldin on September 03, 2004 at 14:55:58 PT
Shock treatment
"You took my medicine," she angrily told Hotsenpiller as he entered an elevator on the first floor of the Montrose County Justice Center.Just before the elevator door closed, Hotsenpiller replied that he doesn't answer "rhetorical questions."Didn't they used to treat mental illness with shock treatment? I think it's time to bring back that old school type of compassion for the mentally ill for our friendly Assistant District Attorney Dan Hotsenpiller. It might help him get through the fog of those "rhetorical questions." BZZZZZZZZ!
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Comment #3 posted by kaptinemo on September 03, 2004 at 13:02:26 PT:
Hmmm...I'm not so sure it's a good idea
Being trapped inside the mind of a prohibitionist, to my thinking, would be tantamount to experiencing a form of schizophrenia.They profess to be protecting children, yet their policies promote exposure of kids to the criminal element of society, which cares not one whit who it sells to. They claim to be Christians, yet push for ever more Draconian laws (Draco was an ancient 'pagan' Greek TYRANT; why emulate this often brutal non-Christian?). They acknowledge that laws that prohibited drinking alcohol didn't work, yet somehow think laws prohibiting cannabis and other drugs will. I could go on in depth, but you get the picture; they behave as if they are products of the 'bi-cameral mind' theory. (See http://www.julianjaynes.org/pdf/jaynes_mind.pdf for an explanation.)Is is any wonder why, in the final analysis, the positions of prohibitionists seem to denote a truly fractured consciousness that would border on clinically pathological?Even as towering an intellect as the fabled Spock would know better than to traipse about in an anti's head for fear of permanent damage. 
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Comment #2 posted by E_Johnson on September 03, 2004 at 12:27:55 PT
Remember the novel, Virgil
We should all be writing this experience out in novels.The novel is both an art form and a vehicle for social change.A novel is an art form where a big long story and the complex human relationships that shape and flow with the story can be described in detail by one dedicated person.The novel was an important part of the end of slavery and the end of gender apartheid in Western civilization.We need pot romances, pot detective stories, pot international thrillers.The prohibitionists have told and retold all of their old stories by now.It's time for us to tell ours.
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Comment #1 posted by Virgil on September 03, 2004 at 11:52:22 PT
The Vulcan mind meld
It will take the various forms of art to do these prohibitionists in. A doctor might say that all the people in the world are sick and he should know because he is a doctor and all the people he meets are sick. This might be somewhat like that, but prohibitionists sure seem to have good jobs. I have never heard of a die-hard prohibitionists that is unemployed or even under-employed. As a matter of fact they all seem to have reache a level of incompetence and are highly over-employed.I was thinking of various forms this idea might take. I could easily see how the Internet will bring us little contest in various forums for things such as this. All this idea would take to become a reality is a $300 digital camera, a computer, two people with a script, and a little contest or forum that accepted videos.I am thinking of the Star Trek series in its original version where Spock would mind meld with someone. I could see versions of an original concept of mind melding in a skit where a Spock-like person or a machine reads a drug warriors mind, but this is somewhat an inverse to reading someone elses mind. That is what makes it different. It is a reverse mind meld where Spock would transfer his logic into the mind of a prohibitionists.So you have two people and a camera where a woman is Spock-like and melds here logic into the mind of a drug warrior like the prosecuter in this article.Actually, I like the mind meld coming during sex, but whatever. When the meld comes, wouldn't the rabid drug warrior then say "You wouldn't happen to have a joint on you would you?"
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