Pubdate: Tue, 28 Aug 2007
Source: Rocky Mountain News (Denver, CO)
Copyright: 2007 Denver Publishing Co.
Contact:  http://www.rockymountainnews.com/
Details: http://www.mapinc.org/media/371
Author: Bill Scanlon, Rocky Mountain News
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)
Bookmark: http://www.mapinc.org/find?232 (Chronic Pain)

DO-IT-YOURSELF MEDICINAL POT

Ailing Man Could Get 12-Year Term in Possession Case

BRIGHTON - Medical-marijuana advocates rallied Monday  for a Thornton
man who has AIDS and Hepatitis B but  didn't register with the state
to grow the pot he says  keeps him alive.

Jack Branson, 39, faces up to 12 years in prison,  charged with
cultivating and possessing marijuana with  intent to distribute.

Before opening statements in his trial at the Adams  County Justice
Center, Branson said that without  marijuana, "I would have gone the
way of a lot of my  friends . . . friends who've died.

"They were in so much pain, they decided to go out with  a bang. They
turned to alcohol."

Branson, who said he also has a slipped disc and a  neurological
condition, said he was told a decade ago  that he had about nine
months to live.

He's defied the odds, and he credits marijuana. It  lessens his pain
and nausea, allowing him to handle the  11 pills he has to take each
day, he said.

Colorado is one of 14 states that allows marijuana to  be used as
medicine under tightly regulated conditions.

Patients must get a doctor's recommendation and  register with the
state.

Then, they can grow up to six plants or more "if  necessary," as the
law states.

"One doctor told me that either I get medical marijuana  or I'm going
to die," Branson said. "I took it upon  myself to get it."

Branson said he was unable to get a doctor's  recommendation, so he
never registered.

Police say they found 14 plants in his backyard - each  about 7 feet
high - and a few more drying in a backyard  shed.

This is believed to be only the second medical  marijuana case in
Colorado to go before a jury.

During jury selection, Branson's attorney, Rob Corry,  asked potential
panelists whether they would get  medical marijuana for loved ones who
said they needed  it.

All but one of them said they would without hesitation,  although most
said that they could decide the case on  its legal merits.

In opening arguments, Deputy District Attorney Trevor  Moritzky told
the jury that it doesn't matter if  Branson was suffering. What
matters is whether he broke  the law.

The first witness, Thornton police officer Mike  Couture, said a
passer-by along Thornton Parkway,  glancing into the backyard in
October 2004, alerted  police to the marijuana.

He said Branson first told him the marijuana just  started growing
naturally. But after police noted water  lines to the plants, he
admitted he was growing it for  his own use.

Under cross-examination, Couture agreed with Corry that  there were
other plants in the backyard, such as  pumpkins and squash and that
Branson was forthcoming  and didn't act like a guilty person.

Former Thornton police officer Tonya Hayes said she  took photos of
what was apparently marijuana in  baggies, in large plastic bags in
the garage and in a  medicine cabinet. She also said Branson had a
copy of  High Times magazine and a weighing scale.

The trial is expected to last three more days.

[sidebar]

MEDICAL MARIJUANA IN COLORADO

When approved: November 2000 in a statewide vote

The process:

Patient must get a doctor's recommendation that  marijuana might help
alleviate a condition or the pain  that goes with it.

Patient must then apply to a confidential statewide  registry - $110
fee.

If approved, patient gets a registry card allowing him  or her to
legally use marijuana for medicinal purposes.

If patient has a caregiver, that caregiver can assist.

Limit: Six plants, unless more are necessary.

1,458 currently on the registry

344 doctors have referred at least one patient

8 revocations of ID cards since 2001

Conditions that could qualify:

Cancer

Glaucoma

HIV-positive status

General weakness and debilitation from a chronic  disease

Severe pain

Severe nausea

Seizures, including those that are characteristic of
epilepsy

Persistent muscle spasms, including those  characteristic of multiple 
sclerosisSource: Colorado  Department Of Public Health And Environment
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