Denver Colorado Criminal Law Blog » Drug Offenses

Denver Pot Shops Safer than Banks . . . Really

Andres Guevara — Thu, 28 Jan 2010 04:19:30 +0000

A few months ago, the Attorney General cited some very fuzzy math and claimed that robberies and other crimes were higher in neighborhoods with marijuana dispensaries. (http://www.kdvr.com/news/kdvr-crime-marijuana-101309,0,3838875.story). Although officials withheld the actual data, this didn’t stop news outlets from reporting the report as a stone clad fact. Well, turns out that the reality is far more interesting. A new internal memo indicates that:

medical- marijuana dispensaries in the city were robbed or burglarized at a lower rate last year than either banks or liquor stores.

Read more: http://www.denverpost.com/news/ci_14275637#ixzz0dsRBUh2R

Court of Appeals: Marijuana Caregiver Must Do More than Grow Pot

Andres Guevara — Fri, 30 Oct 2009 02:08:13 +0000

This decision has only come out, so more time is needed to figure out the actual long-term impact of today’s ruling, but it appears as if the Colorado Court of Appeals has struck a blow against marijuana dispensaries in the state. Obviously, this is not the end of the line as this opinion will no doubt be appealed to the Supreme Court.

The Colorado Court of Appeals upheld the criminal conviction for marijuana cultivation of Stacy Clendenin, ruling that a person designated as a medical marijuana “caregiver” must do more than just supply marijuana to patients. In a strange decision, the Court of Appeals argued that the caregiver cannot simply grow the marijuana even if he or she knows that the marijuana is going to be used for a patient–the caregiver must actually know the identities of the patients.

In a special concurring opinion, Judge Alan Loeb wrote that Colorado’s consitutional amendment legalizing medical marijuana “cries out for legislative action.” Hopefully this action will include a common sense approach to marijuana.

Source: http://www.denverpost.com/ci_13668544

www.guevaracoloradolaw.com

Defending Drug Cases

Andres Guevara — Mon, 14 Sep 2009 02:17:52 +0000

A conviction on drug charges can affect you for the rest of your life. Employers routinely conduct background checks on prospective employees, and anyone convicted of a drug crime will be placed at a severe disadvantage, especially in today’s economy. To make matters worse, drug possession cases are typically felonies since Colorado has incredibly severe and strict laws–even small amounts of certain drugs such as meth and cocaine can bring a felony charge.

Most drug arrests are “search and seizure” cases. In other words, police stop someone on the street or in a vehicle and find drugs in their possession. In these cases, it’s important to have a lawyer who understands U.S. constitutional law and Colorado law about what police can and can’t do. If the police did not have a legal reason to stop you or probable cause to search you or your vehicle, then the drug evidence may be suppressed. Without evidence, the drug charge may be dismissed for lack of sufficient evidence.

I am criminal defense attorney Andres Guevara. If you have been charged with possession or distribution of marijuana, cocaine, meth or any other illegal drug in the Denver area, I offer a free initial consultation to discuss your case. Call me at (720) 379-8262 to discuss your case.