Denver Colorado Criminal Law Blog » Marijuana

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

Denver Police Claim Burglaries Increase Near Marijuana Dispensaries–But they Don’t Reveal the Data

Andres Guevara — Wed, 14 Oct 2009 16:13:38 +0000

Yesterday, Colorado Attorney General Suthers claimed that he is in possession of data that suggests a “significant increase” in home invasion robberies near medical marijuana dispensary stores. Of course, the actual data has not yet been released for a review by independant auditors so right now we only the word of law enforcement personnel. You may hear some news outlets pick this item up and run with it even though no one (other than these law enforcement personnel) has verified this information or determined whether legitimate statistical methodology was used.

Besides, in this bad economy, maybe there are other reasons for an increase in burglaries such as . . . the bad economy. Keep in mind that police and law enforcement agencies aren’t big fans of marijuana dispensaries so we need to be highly skeptical of “data” coming from these entities concerning marijuana use.

Source: http://www.kdvr.com/news/kdvr-crime-marijuana-101309,0,3838875.story

Woman Appeals Pot Verdict on Grounds She Provided Medicinal Marijuana

Andres Guevara — Wed, 23 Sep 2009 19:45:53 +0000

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

Some Medicinal Marijuana Users Face Eviction

Andres Guevara — Thu, 10 Sep 2009 19:57:09 +0000

Can you imagine if the state you lived in permitted you to take a medication for your health, but if you took this medicine you could find yourself kicked out of your home? This insane predicament is what some Coloradoans find themselves facing–even if they have a medicinal marijuana license. The problem arises from a conflict between state and federal law.

Currently, the State of Colorado permits certain individuals to have and use marijuana (in limited quanitities and in certain locations) and only if they receive a medical marijuana license. As the Denver Post noted, however, obtaining a license may only be the beginning for some people who live in federally subsidized housing:

[Bill] Hewitt, who suffers from muscular dystrophy, is a card-carrying medical- marijuana user. And he is living in this worn-down travel trailer because he was evicted from federally subsidized housing on account of his marijuana use.

The difference between Colorado’s legal acceptance of marijuana for medical use and federal law, which categorizes marijuana as an illegal drug, is resulting in a housing quandary for the disabled.

Even with the state’s OK to use medical marijuana, people such as Hewitt can’t live in federal housing or receive federal subsidies for rent under the U.S. Department of Housing and Urban Development’s Housing Choice Voucher Program.

The Department of Housing and Urban Development still defines marijuana use, even with a state approved license, as “substance abuse” and marijuana remains illegal under federal law. Although lawsuits have challenged this policy, none have yet been successful. In the interim, we can unfortunately expect to meet more people like Mr. Hewitt.

Hewitt is fearing winter in his little trailer. He said the owner has told him it will be like an icebox. And he has to make his way about 50 yards across a lot to use a restroom in a former gas station.

“It’s a lot harder than living in a house,” he said. “But the peace and the freedom is so worth it.”

For more: http://www.denverpost.com/ci_13219609?source=rss