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Medical-Marijuana Patient Acquitted on All Charges
Posted by CN Staff on August 06, 2009 at 15:41:10 PT
By John Aguilar 
Source: Daily Camera
Boulder, Colo. --  A Louisville man who was accused of possessing an illegal amount of medical marijuana when his home was raided last year was acquitted on all charges Thursday afternoon.After deliberating for a little more than three hours, a jury of eight men and four women found Jason Lauve, 38, not guilty of a felony drug possession charge, as well as lesser charges of possessing marijuana and marijuana concentrate.
Lauve burst out crying when the verdict was announced and hugged his defense attorney, Rob Corry. Several audience members clapped and expressed their approval.Lauve was charged with possessing 17 times the permitted amount of marijuana that the state allows for medical purposes -- which is set at two ounces and no more than six plants. Police said they found more than two pounds of marijuana during a raid of his Louisville home in June 2008.Lauve, who has had a state-issued medical marijuana ID card for several years, suffered severe injuries to his back after being struck by a snowboarder at Eldora Ski Resort in 2004 and has smoked pot three times a day and ingested it once a day to ease his pain.He argued the constitutional amendment voters approved nine years ago contains a provision that allows patients to ultimately decide the amount of marijuana that gives them relief from a debilitating condition.UPDATE: 1:25 p.m.The jury in Jason Lauve's medical marijuana trial has reached a verdict, according to his attorney.Defense attorney Rob Corry said he received a call from the clerk of the court around 1:20 p.m. informing him the 12-person jury has reached a unanimous decision in the case.The jury deliberated for about three hours.An announcement of the verdict is forthcoming.UPDATE: 10:56 a.m.Jury begins deliberations in medical pot trialA Louisville man charged with having an unlawful amount of medical marijuana claimed Thursday morning that Colorado law permits him to decide for himself how much pot he needs to ease the pain induced by a ski slope collision he was involved in nearly five years ago.Prosecutors countered that accepting the defendant's interpretation of the state's medical marijuana law would give patients "carte blanche" to possess whatever amount of pot they desired, a clear violation of the law's intent.Lawyers in the case wrapped up their closing arguments this morning and the case is now in the hands of the jury.Jason Lauve, 38, is charged with possessing 17 times the permitted amount of marijuana that the state allows for medical purposes -- which is set at two ounces and no more than six plants. Police said they found more than 30 pot plants and more than two pounds of marijuana during a raid of his Louisville home in June 2008.Lauve, who has had a state-issued medical marijuana ID card for several years, suffered severe injuries to his back after being struck by a snowboarder at Eldora Ski Resort in 2004 and has smoked pot three times a day and ingested it once a day to ease his pain.He argues the constitutional amendment voters approved nine years ago contains a provision that allows patients to ultimately decide the amount of marijuana that gives them relief from a debilitating condition."There is no evidence that he had more than was medically necessary to treat his severe debilitating medical condition," said Rob Corry, Lauve's attorney, during closing arguments. "Who gets to decide what is medically necessary?"He argued that the law states that that decision ultimately belongs to the patient or caregiver and that if the state-mandated maximum of two ounces of pot and six marijuana plants is exceeded, patients can raise an affirmative defense that more of the drug was needed to treat the pain. And Lauve is the only one who knows how much pain he is experiencing, Corry told the jury.Corry said what's critical in the case is what his client intended to do with the pot he had in his possession.He said the prosecution brought forward no evidence that Lauve was doing anything more with his marijuana stash than trying to alleviate pain, which has left him reliant on a cane and wheelchair.Lauve had a large amount of pot at his house, Corry said, largely because he wasn't good at growing it and most of its weight was accounted for by unusable parts of the plant, like stems and leaves. He also said his client's marijuana supply was low-grade and weak."He had what was necessary given the potency of the marijuana he had," the lawyer told the jury.Corry said marijuana allowed Lauve to regain a semblance of a normal life and allowed him to wean himself off a number of addictive synthetic opiate-based painkillers he had been taking."It helped him live," Corry said, with his hands resting on his client's shoulders.The defense lawyer said it's clear that Colorado's medical marijuana law needs clarification in terms of what's an allowable amount of the drug to possess, but he told the jury "the way to clarify the law is not through criminal prosecution" but through law and policy making.Prosecutor Karen Lorenz said while there may be some ambiguity in the state's medical marijuana law, she said it was clear Colorado's voters wanted some sort of limits in place so that unlimited amounts of pot couldn't be obtained by patients and caregivers."Having a license for medical marijuana is not carte blanche or a free ticket to possess whatever you want," she said. "There's no limit."She said Lauve last fall asked his doctor if he could obtain 15 ounces of pot a month but based on his daily use would actually need much more than that.Lorenz accused the defendant of concocting random amounts of the drug to justify his pot consumption. She said he couldn't show Louisville police any legal document or doctor's recommendation that would account for the large amount of pot he had in his home on June 26, 2008."There's no doctor to support this, there's random numbers being thrown around based on what he thinks he needs on a day to day basis," Lorenz told the jury. "That's not what the medical marijuana statute is for."She said the state constitution doesn't distinguish between low-grade and high-grade marijuana and that the defense's claim that Lauve's pot supply had low potency is irrelevant under the law.She lined up nearly a dozen Ziploc bags of pot on the railing of the jury box and asked the jurors to convict Lauve of illegal possession of marijuana and marijuana concentrate.The jury has the option to convict Lauve on the felony count of possessing more than eight ounces of the drug -- which could land him in prison for up to three years -- or find him guilty on lesser charges of possessing smaller amounts of marijuana. It can also find him not guilty on all charges.Source: Daily Camera (Boulder, CO)Author: John Aguilar Published: August 6, 2009Copyright: 2009 The Daily CameraWebsite: http://www.dailycamera.com/Contact: openforum dailycamera.comURL: http://drugsense.org/url/bzX3BIIhCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml
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Comment #17 posted by museman on August 07, 2009 at 09:03:58 PT
runruff
What?Tree got busted? And Screwface too?Thats what those helicopters were doing. And here I've been thinking that the war was over!Don't put away your cammies yet!And when are we going to hear about this? It surely wasn't on the local news.And that post the other day about the 'good' sheriff ol' Gil kinda threw me for a loop. I think he is under the same illusion as some that a lot of hemp grown in the Illinois Valley would mess with our medical crops. So his reasoning is that the hemp would drive out the hippies. Because lets face it, thats still what the WOD is all about around here. (and you don't have to have long hair to be in that category, you just have to live someplace where they are known to frequent, like Takilma.)Well the GOBS are gonna be drunk this weekend, celebrating their 'victory' over hippidom.Damn shame.LEGALIZE FREEDOM
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Comment #16 posted by dongenero on August 07, 2009 at 08:30:33 PT
score one for freedom and justice
Prosecuter Karen Lorenz put on quite little show. She sure had to jump through some hoops trying to make her "points".You really have to wonder what drives the malice in people like her. Thankfully there is a sensible and reasonable jury to set things right.One thing I do not see mentioned is the far greater amount of cannabis required when the delivery method is ingestion. This patient mentions daily ingestion as part of his dosage. Again, the public seems to be well ahead of government's shallow learning curve.
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Comment #15 posted by runruff on August 07, 2009 at 06:34:11 PT
Big local bust!
Yes, two days ago the feds raided my friend Tree's home. Tree is an Asian living here in the Valley for over 25 years. I have been friends with him for that long.There were the usual mommies boys dressed like little soldiers with their weapons, helmets and huge military vehicles going off to play war. There were three helicopter gunships overhead throughout the raid. They took the opportunity to cruse around the neighborhood looking at every one's "legal" grows.Tree had mushrooms and "illegal" herbs. He was not at home but his friend and caretaker, Screwface, was there. Screwface is a drummer for the Reggae group "Jah Levi and the Higher Reasoning". I believe Museman knows this man. He was tackeled and tazered. They spent all day hauling out god knows what, truck after truck load. Is this American? I don't think so. This is Amerika. 
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Comment #14 posted by The GCW on August 07, 2009 at 05:59:04 PT
Out of moolah. The high cost of persecution.
CANNABIS NEWS This following article is titled in such a way to imply a police force may be out of "BUSINESS" that confronts drugs and drug users. But upon closer inspection using the map at the end of the story, it is evident the task force mostly attacks cannabis and cannabis users.Good bye!US CO: Financial shortages may snuff out drug task forcePubdate: 7 Aug 2009Source: Summit Daily News (CO)Note: Interactive map included in article: http://www.summitdaily.com/article/20090807/NEWS/908069991/1078&ParentProfile=1055Author: Robert Allen "Financial shortages may snuff out drug task force" 
Local, state funds dwindling
 
SUMMIT COUNTY — Financial shortages could cause the Summit County Drug Task Force to be terminated within a year.“It's terribly disappointing. It's something that many of us have put a lot of time and effort into,” said Derek Woodman, Summit County undersheriff and task force director. “It's just one of those phenomenons that take place — cuts got to go somewhere.”The task force runs on about $200,000 per year, which comes mostly from state and local governments. It functions as a “central, concerted effort” for countywide drug enforcement, developing about 60 of its own cases per year.The budget includes two full-time agents, a half-time administrative person and expenses for equipment, undercover buy money and payments for confidential information, Woodman said.Lance Clem, spokesman for the Colorado Department of Public Safety, said drug task forces no longer appear to be high enough a priority for the advisory board distributing Justice Assistance Grants.“It's likely funding for task forces throughout the state — for this program, anyway — is going to disappear,” Clem said. “So what you're seeing in Summit County is indicative of what's going on through the rest of the state.”He said priorities for the state grants include drug treatment for inmates, prevention programs, drug courts and management information systems for law enforcement agencies.Locally, officials with both Breckenridge and Frisco have said the grants the towns use to fund the task force appear to be drying up, and the economic recession has further limited their options.“When you do have limited funds, you have to ultimately make a decision at the end of the day,” Frisco town manager Michael Penny said, adding that he'd prefer to preserve funding for “life safety response” services such as SWAT team rather than the drug task force.CONT.
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Comment #13 posted by MikeC on August 07, 2009 at 05:52:57 PT
Check this out...
The National Institute on Drug Abuse is soliciting proposals from qualified organizations having the capability to (1) grow, harvest, analyze, store and distribute GMP grade cannabis (marijuana) on large and small scales...https://www.fbo.gov/index?s=opportunity&mode=form&id=2f734e46a74d477e37ac07798c08a3ae&tab=core&_cview=0&cck=1&au=&ck
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Comment #12 posted by The GCW on August 07, 2009 at 05:49:20 PT
Medical marijuana user acquitted of all charges
The Summit Daily News ran something about this news too.-0-Medical marijuana user acquitted of all charges
 
BOULDER — A medical marijuana user has been acquitted of charges that he possessed too much of the drug.A Boulder County jury acquitted 38-year-old Jason Lauve Thursday of a felony drug possession charge and lesser charges of possessing marijuana and marijuana concentrate.CONT.Webpage: http://www.summitdaily.com/article/20090807/NEWS/908069991/1078&ParentProfile=1055
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Comment #11 posted by The GCW on August 06, 2009 at 23:33:33 PT
Bad poeple wanting to cage sick people over plants
The Colorado government prosecutor was stopped from caging a human, living with pain, for having a bunch of cannabis plants and plant material.Shame on Colorado state government for even attempting to cage this human.The lowest forms of human life are the ones who would persue caging sick citizens for using cannabis.Perhaps they will now have to spend more time confronting rapists, murderers etc.-0-I'm working hard to raise My children to NOT grow up and be people like Prosecutor Karen Lorenz. -0-Stop the bad people in Colorado!
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Comment #10 posted by Paint with light on August 06, 2009 at 23:21:17 PT
mykeyb420
Thank you for your dedication to the cause.Legal like alcohol.
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Comment #9 posted by greenmed on August 06, 2009 at 18:46:28 PT
mykeyb420
Congratulations - that is indeed good news!You wouldn't have got there without dedication to the cause - to reduce the harm. Good going! Best wishes on your new adventure!!!
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Comment #8 posted by FoM on August 06, 2009 at 18:16:53 PT
mykeyb420 
That's wonderful news!
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Comment #7 posted by mykeyb420 on August 06, 2009 at 18:06:43 PT:
slightly off topic
Fellow Cannaheads;
 I am writing today to let you know that I have just been appointed by the Board Of Supervisors of the City And County Of San Francisco, to the Marijuana Offenses Oversight Committee,,, woo hoo !
 I am appointed for 2 years due to my involvement with harm reduction and substance abuse counseling.
 I now have an official position in city government concerning medical cannabis and patients rights. I promise to serve my city faithfully and with professionalism.pace and amore
Mykey B
SF CAOrdinance No. 297-06 (Policy Making Marijuana Offenses the Lowest Law Enforcement Priority) established the Marijuana Offenses Oversight Committee (MOOC), consisting of seven members appointed by the Board of Supervisors. The Committee is charged with monitoring the implementation of the ordinance; designing a supplemental report form for use by SF law enforcement officers in marijuana adult arrests, citations and property seizures in San Francisco; semi-annual submission of reports to the Board of Supervisors on the implementation of the ordinance.
MOOC
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Comment #6 posted by FoM on August 06, 2009 at 17:38:36 PT
MMM Expo 2009
On August 8th & 9th, southwest Detroit will host Michigan's first major medical marijuana event, the Michigan Medical Marijuana Expo 2009. The expo's aim is to educate qualifying patients, caregivers and the general public about our new law, and to identify the economic opportunities the medical cannabis industry will create for Michigan workers and business owners.URL: http://www.mmmexpo2009.com/
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Comment #5 posted by FoM on August 06, 2009 at 17:34:21 PT
josephlacerenza
I just read it is one they send out over the years and the University of Mississippi always gets it. That's a shame because competition would keep people on their toes.
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Comment #4 posted by FoM on August 06, 2009 at 16:39:00 PT
josephlacerenza
I think that's what it is saying. I got this in my e-mail sent by Kevin Zeese. 
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Comment #3 posted by josephlacerenza on August 06, 2009 at 16:34:54 PT
FoM
Is this the government asking for skilled organizations, other than the university of mississippi, to produce medical grade cannabis for research purposes? This is a strange turn of events, if that is the case!!!! I remember a certain professor trying, in vain, to get approved by the DEA for just such a cause!!!!I wonder if the professor is going to have his name at the top of the list!!!! We can only HOPE. He seemed, to me , to be a farely progressive educator. 
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Comment #2 posted by FoM on August 06, 2009 at 15:54:39 PT
Production, Analysis, & Distribution of Cannabis 
Production, Analysis, & Distribution of Cannabis & Marijuana CigarettesSolicitation Number: N01DA-10-7773Agency: Department of Health and Human ServicesOffice: National Institutes of HealthLocation: National Institute on Drug AbuseAugust 5, 2009The National Institute on Drug Abuse is soliciting proposals from qualified organizations having the capability to (1) grow, harvest, analyze, store and distribute GMP grade cannabis (marijuana) on large and small scales; (2) extract cannabis to obtain purified phytocannabinoids including delta-9-tetrahydrocannabinol (delta-9-THC), analyze, and store; (3) prepare marijuana cigarettes and related products; and (4) distribute marijuana, marijuana cigarettes and cannabinoids, and other related products for research and other Government programs upon NIDA authorization. Offeror must possess suitable and secure DEA approved outdoor and indoor growing facilities, research laboratory with appropriate analytical instruments, and experienced personnel to conduct the project tasks. Appropriate DEA approved secure facility for manufacturing of marijuana cigarettes, and their storage, and DEA Schedule I registration for marijuana and THC are essential. NIDA anticipates a 1-year with four 1 year options cost reimbursement type contract will be awarded. Additional quantity options for manufacturing cigarettes may also be required. In order to handle substances under the Controlled Substances Act of 1970, it is mandatory that offerors possess a DEA Research Registration for Schedules II to V and demonstrate the capability to obtain a DEA registration for Schedule I controlled substances. All studies must be carried out under pertinent FDA regulations, such as current Good Clinical Practice (cGCP) and current Good Laboratory Practice (cGLP) regulations. The pertinent FDA's guidelines/guidance shall be followed. RFP No. N01DA-10-7773 will be available electronically on or about August 25, 2009. You can access the RFP through the FedBizOpps http://fbo.gov or through the NIDA website at the following address: http://www.nida.nih.gov/RFP/RFPList.html The electronic RFP contains all information needed to submit a proposal. No printed version of the solicitation document or source list is available. NIDA will consider proposals submitted by any responsible offeror. Proposals will be due on or about October 9, 2009. This advertisement does not commit the Government to award a contract. Based upon market research, the Government is not using the policies contained in Part 12, Acquisition of Commercial Items, in its solicitation for the described supplies or services. However, interested persons may identify to the contracting officer their interest and capability to satisfy the Government's requirement with a commercial item within 15 days of this notice. Contracting Office Address: 6101 Executive Boulevard
Room 260 - MSC 8402
Bethesda, Maryland 20892 Primary Point of Contact.: Amy Sheibap370t nih.govhttps://www.fbo.gov/index?s=opportunity&mode=form&id=2f734e46a74d477e37ac07798c08a3ae&tab=core&_cview=0&cck=1&au=&ck=
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Comment #1 posted by HempWorld on August 06, 2009 at 15:50:59 PT
Medical-Marijuana Patient Acquitted on All Charges
Yeaaah, justice is served! Only via a jury trial with humane compassionate and reasonable people serving on it, can we overturn the grip of law enforcement and the judiciary on medicinal cannabis users.
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