Aurora Police Return Marijuana To Former Marine

January 07, 2008

Rick Sallinger, CBS 4 Denver

Police in Aurora have given back dozens of marijuana plants they seized. The owner claimed the pot was being used for medicinal purposes and he had a state issued card to back it up.

Police were very careful before returning the marijuana. The issue they said was a discrepancy between state and federal law regarding possession of marijuana for medical purposes.

After being arrested and his 71 marijuana plants seized, charges against Kevin Dickes were dropped. He then went to Aurora police headquarters to get the marijuana back.

"This is an historic day," Dickes attorney Robert Corry said. "This is the largest return of medical marijuana that I am aware of in Colorado history."

Dickes won this legal battle because he was registered in the state's medical marijuana program, something he did not immediately tell police when he was arrested.

"He didn't tell us the entire 10 minutes after he was arrested about the medical marijuana certificate," Aurora Police Chief Dan Oates said.

Dickes was given his marijuana back, but only a small bag was left. Corry threatened to ask for $5,000 for each of the 71 plants.

"I think it's the height of absurdity and the death of common sense for me to go to my city council to ask for money to run a grow operation in my property locker," Oates said.

Dickes said he needed that medical marijuana to ease the pain from a war injury in the Gulf War in the early 90s. He claimed a prisoner of war he was escorting exploded a grenade. He wasn't sure if it happened in Kuwait or Bahrain. When CBS4 asked for further details they were unclear. He said he would rather have CBS4 talk to his attorney.

Aurora police said they turned over the marijuana only after receiving a court order.

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