Pubdate: Mon, 07 Jan 2013
Source: Gazette, The (Colorado Springs, CO)
Copyright: 2013 The Gazette
Contact: http://www.gazette.com/sections/opinion/submitletter/
Website: http://www.gazette.com/
Details: http://www.mapinc.org/media/165
Author: Lance Benzel

FIGHTS OVER MEDICAL MARIJUANA CASE EVIDENCE COULD BE COSTLY

A medical marijuana grower acquitted of drug-cultivation charges at a
December trial wants Colorado Springs police to return her marijuana -
or fork over $3.3 million in compensation.

The request by Alvida Hillery is the latest sign that failed medical
marijuana prosecutions in El Paso County might end up costing taxpayers.

Hillery, founder of the Rocky Mountain Miracles medical marijuana
dispensary at 2316 E. Bijou St. in the city's Knob Hill neighborhood,
was found not-guilty of felony drug charges after a three-day trial
last month.

The El Paso County District Attorney's Office has until Monday to
respond to a Dec. 16 motion demanding the return of Hillery's
marijuana - 36 pounds of refined marijuana and 304 plants seized
during a March 2012 raid by Colorado Springs police and the state
Medical Marijuana Enforcement Division.

If the marijuana isn't returned - or ends up being spoiled - Hillery
is entitled to recoup $3,327,460, according to her attorney, Sean
McAllister of Denver. McAllister said he used Drug Enforcement Agency
standards to determine the value.

"I think there is a possibility of a lawsuit against both the Colorado
Springs Police Department and the Medical Marijuana Enforcement
Division," he said.

Hillery is among several Colorado Springs medical marijuana growers
who prevailed at trial in El Paso County last year, potentially
raising the same or similar liability issues for police and the city.

Colorado law requires the "immediate return" of medical marijuana in
the event of a jury's not-guilty finding, McAllister argues in his
legal motion. His motion also cites a recent Colorado Court of Appeals
decision that ordered the return of 30 marijuana plants and seven
pounds of marijuana to Robert Crouse, a Colorado Springs cancer
patient who was acquitted in June of felony drug charges.

Prosecutors previously fought the issue, saying it could put law
enforcement officers in jeopardy of being charged as drug dealers.

Fourth Judicial District Judge Timothy J. Schutz rejected that
argument and ordered the pot be returned. In response, prosecutors
requested an emergency hearing before the Appeals Court, which also
sided with Crouse.

Crouse's marijuana - initially valued at $300,000 - developed mold
while in Colorado Springs police custody, and is unusable. Crouse uses
marijuana concentrates in the treatment of his leukemia.

Crouse filed notice on Dec. 27 of his intent to sue the city and
Colorado Springs police and the El Paso County Sheriff's Office, which
staff the county's multijurisdictional Metro Narcotics, Vice and
Intelligence Unit.

Threats of legal action are only the latest headache related to the
marijuana prosecutions.

Colorado Springs police say they spent nearly $100,000 in the past
eight years on drug-related storage problems - including clean-up of
evidence rooms tainted by mold spores and mildew from rotting
marijuana plants.

Police spokeswoman Barbara Miller said employees who worked in
evidence reported headaches, difficulty breathing and skin rashes.

Miller couldn't provide an update Friday about the Police Department's
plans regarding Hillery's marijuana. 
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