Stacy Clendenin, a waitress and medicinal marijuana user, is appealing her 2008 conviction for marijuana distribution in Boulder County. During her trial, Ms. Clendenin argued that she provided other individuals with marijuana (for medicinal purposes) through a cooperative and that she was not a “drug dealer” as the prosecution argued. For their part, the prosecution alleged Mr. Clendenin did not have personal contact with the people she supplied and that “someone who doesn’t have personal contact with clients cannot be their medical marijuana provider.”
In her appeal, Ms. Clendenin also pointed to a decision by the trial court that precluded testimony from a dozen witnesses who would have testified that they received marijuana for medicinal purposes from Ms. Clendenin through a cooperative she supplied.
This case once again points out the hypocrisy and lack of clarity in Colorado marijuana laws. While the state provides medical marijuana licenses (Ms. Clendenin and all of her “buyers” had medical marijuana licenses), the local municipalities haven’t decided how to permit or regulate places that dispense marijuana. And with few marijuana dispensaries in the Front Range, people who need the drug (and have a medical license permitting their use of the drug) can find it difficult to actually get the medical aid they require. Moreover, people like Ms. Clendenin–who provide marijuana to a cooperative which then dispenses it to people with licenses–could find themselves facing felony distribution charges.
If you have been arrested for the sale or possession of marijuana, you can call The Law Office of Andres R. Guevara for a free consultation at (720) 379-8262.
Source: http://www.denverpost.com/crime/ci_13393413
Filed under: Marijuana
