Legal Commentary

1,000 Pot Plants Seized, Owner Asserts Compliance With State Law

By Jeralyn

In Grand Junction, Colorado, a strange odor in the Government census office resulted in a search warrant being executed next door and the discovery and seizure of 1,000 marijuana plants. Sid Squirrel, who owns the building and is a realtor, says the plants are his, and he's growing them in compliance with state law. Also found: 300 file folders containing cards of medical marijuana patients.

Colorado law allows patients to possess up to two ounces of marijuana or six plants. Patients can also designate a caregiver. So for each patient who designated Mr. Squirrel as his or her caregiver, Squirrel can grow 6 plants. If 300 patients designated him as a caregiver, he could grow 1,800 plants and be in compliance with state law.

Squirrel was not arrested yesterday. [More...]

Police are checking records to see if they have enough card holders to support the growth of the more than one thousand marijuana plants found.

Will the DEA step in and charge Squirrel even if he is in compliance with state law, alleging he stood to make too much money from the cultivation? Colorado does not require dispensaries or growers to operate on a non-profit basis. And what's too much money? Who decides? Apparently, the DEA and the U.S. Attorney's office. How arbitrary is that? How is anyone put on notice of what will be prosecuted if that's the case, especially in light of the DOJ memo?

Full post as published by TalkLeft on March 12, 2010 (boomark / email).