A Colorado pot grower who said he was growing medical marijuana in his home in Denver was recently sentenced to five years in federal prison on drug charges, reports The Denver Post.
In a plea bargain with federal prosecutors, the man plead guilty to three drug charges after his home was raided in February of 2010 and over 100 marijuana plants were found in his basement. In Colorado, the mandatory minimum sentence for having more than 100 marijuana plants is five years.
During the sentencing hearing, the judge for the case said the man failed to follow state law because of the number of plants he was growing. The man was also found to have violated the law because he grew marijuana and had never met any of the patients using it.
According to the article, the raid was prompted after the man was interviewed by KUSA-TV. Federal agents said they targeted the man because they believed he was growing more marijuana than allowed by Colorado law, and also because the man lived close to a school and had previous convictions for drug offenses.
The man was arrested just a few months after the Justice Department announced a new policy that stated authorities should not target those in compliance with their state laws regarding medical marijuana. However, authorities are required under the new policy to still be on alert for those who pose as medical marijuana operators but are marketing marijuana illegally. According to the memo from the Justice Department, some indications that people are not in compliance is if the amount of marijuana and the financial gain are not consistent with what is permitted under state law.
The limits in Colorado surrounding medical marijuana cultivation are flexible, and permit growers to make the case that it is medically necessary to grow more marijuana. However, the article states that the man was barred from using state law in his defense. The man’s attorney believes that the court’s decision was not fair because the man was targeted for allegedly violating state law.
If you are facing marijuana drug charges in Colorado, contact Timothy Bussey, skilled Colorado Springs marijuana defense attorney at The Bussey Law Firm, P.C. He has many years of experience successfully defending those who have been charged with drug crimes in Colorado, including marijuana offenses, and will work hard to receive the best possible outcome for your case. Call Mr. Bussey today at 719-475-2555 to schedule your free consultation.