Judge Won't Dismiss Charges In Colorado Medical Marijuana Case

May 04, 2005

Associated Press, ABC-7 Denver

An Aspen judge has refused to throw out drug charges against a licensed medical marijuana grower accused of having too many plants. But the judge barred some evidence and criticized officers' handling of the case.

Investigators said Jennifer Ryan had 131 marijuana plants when she was arrested last year, 101 more than her licenses allowed.

Ryan says only 20 of the plants were viable and the rest were small cuttings and should not be counted.

The state constitutional amendment that authorized medical marijuana requires that whole plants seized in such cases be preserved as evidence. The officers destroyed the large plants after videotaping and photographing them. They saved only the small plants and one leaf from each from the large plants.

Ryan's lawyer asked Pitkin County District Judge Jim Boyd to dismiss the case.

Boyd refused but ruled prosecutors could introduce as evidence only the plants and leaves, not the videos and photos.

Ryan's trial is scheduled for June 14, in Glenwood Springs.

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