Federal Authorities Refuse To Return Marijuana

Associated Press

Denver Dec 29--In a clash between state and federal law, a Routt County man whose medical marijuana was seized in a law enforcement raid was still waiting to get it back Monday, the deadline set by a county judge for the government to return the marijuana.

A federal officials said the government had no intention of giving it back. Nine officers in a drug task force made up of local and federal officers seized the drug and other items from Hayden resident Don Nord in October.

Routt County Judge James Garrecht had given the Drug Enforcement Administration until Monday to return two ounces of the drug to Nord, who is registered in the state medical marijuana program.

DEA spokesman Bill Grant said the agency wasn't bound by the order.

''Federal law supersedes state law and the federal government does not recognize the medicinal use of marijuana,'' he said.

Nord's attorney, Kristopher Hammond, said the DEA has no jurisdiction in the case because Nord's home was searched, and the marijuana seized, under orders from a state judge.

Hammond said he would ask Garrecht to find the agency in contempt.

''There's nothing federal about this case,'' Hammond said. ''The feds can't just steal the marijuana and therefore make it federal property.''

Nord, 57, had been ticketed for misdemeanor drug possession, but the charges were dismissed because the government lost its copy of the ticket.

Colorado is among nine states with laws allowing the infirm to grow or smoke marijuana with a doctor's recommendation. Nord, who has battled cancer, diabetes and other ailments, has a certificate from the state allowing him to use the drug under a voter-approved 2000 constitutional amendment.

The government earlier this month returned to Nord some of the equipment that he had used to grow and smoke marijuana, Hammond said.

Craig Police Chief Walt Vanatta, who serves on the board of the Grant, Routt and Moffat Narcotics Enforcement Team that searched Nord's home, said Monday that the case brings up sticky jurisdictional questions.

''In one court it's a crime, and in another court, depending on the circumstances, it may or may not be,'' he said.

He said he believed it was the first such case to reach a Colorado court.

[webmaster:  the unwritten story...Craig Police Chief Vanatta refuses to serve the voting residents of his jurisdiction.  Another case where the cops obey the letter of the law only when it serves their political interests.  If Vanatta had returned the medicine, he would have appeared 'soft on drugs' and his narcotics enforcement would no longer be entitled to seize property and his task force would go on the budget chopping block.]