I am a med grower in need of advice and support.
I am licenced to provide for 1 person he suffers from chronic pain and nausea as well as diabetes and COPD.
as a result of the COPD he is forced to consume his medicine oraly.
so in order to have the amount od meds he needs I was forced to do a perpetual setup with 5-7 plants cloned and 5-7 plants harvested weekly. I grew the plants in all organic soil in 1 gallon bags and my average yields were 7 - 11 grams of usable medicine per plant. harvesting 5 or so a week gave me just enough medicine to keep my patient constantly medicated.
The Colorado Constitution specifically provides that a patient or care-giver has a right to possess any amount if “medically necessary.” Colorado Constitution, Article XVIII ß 14(4)(b).
on 529/09 the west metro drug task force broke down my door with a warrent, A sealed warrent wherin I could not see thier probable cause. the warrent spacifically mentioned marijuana.
this taskforce is a DEA sponsored local task force comprised of several different local law enforcement agencies. They proceeded to destroy my garden and killed all but 6 plants all of which were badly damaged and unviable. They took several clone only mother plants that I have accumulated ofer the years and made my grow space unusable.
they took
32 flowering plants
52 moms and vegative plants
and 45 rooting clones.
the colorado constitution also states
(e) Any property interest that is possessed, owned, or used in connection with the medical use of marijuana or acts incidental to such use, shall not be harmed, neglected, injured, or destroyed while in the possession of state or local law enforcement officials where such property has been seized in connection with the claimed medical use of marijuana. Any such property interest shall not be forfeited under any provision of state law providing for the forfeiture of property other than as a sentence imposed after conviction of a criminal offense or entry of a plea of guilty to such offense. Marijuana and paraphernalia seized by state or local law enforcement officials from a patient or primary care-giver in connection with the claimed medical use of marijuana shall be returned immediately upon the determination of the district attorney or his or her designee that the patient or primary care-giver is entitled to the protection contained in this section as may be evidenced, for example, by a decision not to prosecute, the dismissal of charges, or acquittal.
so they violated my due process as well as violating the spirit of the law itself, in there opinion and according to the searching officers the District attorney himself gave the order to kill all but 6 and ask questions later.
I was kicked out of my home as a result of this and also have lost any source of income as well I lost my 2 cats which I had had for over 10 years,,, my heart is broken and i am now homeless and further a fugitive till I turn myself in.
I plant to fight this case tooth and nail and will not under any conditions take a plea deal or other arangement other than dismissal or aquittal.
if the feds pick it up then I guess I am screwed and will get a min 5 years,thats ok as i am a warrier not a victom
I have been on the phone with lots of lawyers as well as colo norml and many other compassion agencies, but due to my poorness i have been unsuccessful in getting any help.
I have actually drafted a motion to dismiss myself which I think should work but as I am not an attorney I am uncertian.
as to the Public Defenders well they are notorious for lagging and trying to get a conviction on a lesser charge vs trying to really fight this case.
so I may end up going pro-se god help me.
any advice or help is apreciated
Sorry to hear that you got into so much trouble. I myself have two felonies for cultivation and posession from back in 2004, before I had my card. I fought it for 4 years, and paid $50,000.00 to no avail. The worst part by far was not knowing what is going to happen, and it went on for 4 years.
I now have my card, and am on probation for the cultivation and posession felonies, and my probation officer is ok with me using my 'medicine'.
I have known others who have gotten in trouble with there cards, some have gotten out of it and others haven't. I do know that obeying the law to the fullest helps, having as many plants as you did will not help. Did you have caregiver designation from however many people that would be, 12 - 15 caregivees or something?
You can't run, it's not going to be worth it. You do have your card, you can technically represent yourself, but the judge doesn't always allow it. You need to fill out an application for a public defender, available online, or at the Public Defender's office in your county. If you are poor, and going through this you will qualify, it will only take 10 days or so and you will have a lawyer. Do it first thing Monday morning.
How can you be on the run, if this just happened, aren't you out on bond? Have you even been arrested, been charged with anything?
Please continue to share the facts of this story, you are a warrior, a warrior with current knowledge and experience that you can share to benefit others.