Marijuana: Colorado Springs owes $3.3M-plus after dispensary prosecution fails, attorney says

Categories: Marijuana

bob crouse not guilty.jpg
Bob Crouse after his acquittal.
Last year, we told you about the acquittal of Bob Crouse, a Colorado Springs-based medical marijuana patient who was prosecuted for having more plants than were allowed under law. However, the plant-count rules are flexible when doctors recommend certain treatments, and Crouse needed additional plants to make Phoenix Tears, a cannabis-oil treatment that appeared to be having a positive effect on his chronic lymphocytic leukemia.

The marijuana seized from Crouse was ultimately returned, but it had developed mold and was unusable. As a result, he filed a notice in late December that he'd be suing the city for its value, thought to be in the $300,000 range.

As for the Hillery case, McAllister stresses that "we definitely intend to file suit." But who the complaint will target remains up in the air.

sean mcallister 2012.jpg
Sean McAllister.
"It's possible that we'll file not only against the Colorado Springs Police Department, but also against the MMED" -- the Medical Marijuana Enforcement Division, the state agency charged with overseeing the MMJ industry. "Originally, MMED agents came in and said, 'You're out of compliance. We're calling the cops.' And in conjunction with the MMED, and at the agent's order, the Colorado Springs Police took the product away. They didn't independent verify the plant count. They followed the MMED agent's recommendations, which is an example of poor training -- and it's not how they've typically handled these cases in the past, which is another big reason we won. Dan Hartman and the current director, Laura Harris, both testified that there have been cases where other people were told they had too many plants, and they went through an administrative process to destroy them -- and nobody got charged."

In McAllister's estimation, a lawsuit is likely to be filed by the end of March, with court action apt to follow during the summertime. He believes the results will be important not only for medical marijuana businesses, but possibly for recreational outlets that may be okayed under the implementation of Amendment 64.

"Whatever we do with recreational marijuana, we can't have a system that exposes people to criminal liability for administrative problems," he says. "If this is a business, it should be treated like any other business. We need to get out of the mentality that marijuana is a crime and these people are engaged in a criminal activity. People are doing their best to comply with complicated rules, which even regulators don't always understand. So this represents the difficulty of transitioning from forty years of a drug war to a regulated model.

"These kinds of criminal charges represent an old way of thinking, and not a regulated, business concept of marijuana."

Continue to read the Rocky Mountain Miracles motion.

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18 comments
Juan_Leg
Juan_Leg

Acquittal ? They actually have 'Acquittals' for people who aren't professional athletes, movie stars, cops, politicians or directly connected/associated w/ so ?  

AMAZING !......

Yet, in the end the poor lady STILL gets FUCKED !!!

" God bless America!  Land that I love !...."

Stumbler
Stumbler

Sean McLawyer to the rescue! Wait until the state unleashes their $2 million seed-to-sale-to-jail RFID tracking system that they have waiting in the wings. There will be no more ambiguity, and the planned police takeover of the marijuana "legalization" movement will be complete. Regulation works!

RobGsrh
RobGsrh

What is funny is that mmj patients have sued and won several cases just like this. In Ft. Collins, one plaintiff used the police departments own "facts" on how much the crop was worth.

DonkeyHotay
DonkeyHotay topcommenter

1300 plants = MANDATORY Federal Prison Sentence of 10 (ten) years for first offense !!

Solution for Colorado Springs in this ill-conceived civil action = turn the case over to the DEA / Feds for criminal prosecution. The statute of limitations is still active for Federal Criminal prosecution on this case you clueless pot clowns.

These greedy egocentric Marijuana McLawyers place their clueless clients in extreme harm and danger with their unprofessional, unethical aiding and abetting of their clients' Continual Criminal Enterprises.


And on what planet is 35 lbs of pot -- even if it was all A quality bud -- worth $3 million? ... LOL!

35 pounds X $5500 / lb = $192,500  ... NOT $3 fucking million you stupid stoners.

Stupid Stoners + Math = Epic FAIL!

First thing the City will do is demand to see the FINANCIAL RECORDS and TAXES of this dispensary -- to see if they were in fact making $3 MILLION per harvest as they claim, then prosecute them for TAX EVASION if they weren't declaring and paying on that absurdly inflated figure.


"When they ceased [sic] all of the plants and marijuana"

Stupid Stoners + Grammar = Epic FAIL!

HipTip: if your Stoner Lawyer is too stupid to spell or comprehend basic English phonemes, find another attorney.

michael.roberts
michael.roberts moderator editortopcommenter

@rgillispie1 A big judgment could have an impact on future prosecutions. Thanks for the post, rgillespie1.

DonkeyHotay
DonkeyHotay topcommenter

@rgillispie1 ... what's funny is how pathetically wrong you are. Name any dispensary who successfully received CASH $$ from the cops/government for any seized marijuana.



Juan_Leg
Juan_Leg

@DonkeyHotay  I 'kinda' possess personal knowledge on the subject & the FEDS used to come down HARD on those cultivating . This usually only occurred when the state didn't pursue criminal charges . It was like 1 - 5 & 6 - 99 plants, which carried mandatory sentencing lengths .

Fortunately, both state & Fed authorities have 'calmed' in their quest for marijuana as is additionally reflected in lighter sentences for Pot convictions nation wide . As of the past ten years, it's WAY easier to plead down to a non-incarcerated sentence than it was in 1987 !

Anon
Anon

@DonkeyHotayYou fail at reading comprehension. Using DEA numbers, 600 Plants yielding one LB each @$5,000 3,000,000 + 35LBs at $5000 each = 175,000 + cost of buying from other dispensaries + lose of profit + cost of replanting + legal costs = the 3.3 mil they came up with. Seems you are the epic failure in this case.

DonkeyHotay
DonkeyHotay topcommenter

@free_radical ... so you support foreign countries using drone assassination strikes within the U$A, eh?

bongsucker
bongsucker

@Anon @DonkeyHotay

The financial value of an immature plant isn't 5 grand otherwise seeds and clones would sell for thousands each.

Even a bongsucker like me knows the claim is a publicity stunt. A dangerous one at that.

DonkeyHotay
DonkeyHotay topcommenter

@bongsucker

Stupid Stoners are as Stupid Stoners do.

This case has the potential to win The Bartkowicz Award for self-destructive hubris.


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