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 veggie
Registered: 07/25/04
Posts: 6,529
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 Fort Collins couple to sue city over $200,000 worth of dead marijuana plants [CO]
#8801878 - 08/20/08 05:05 PM (3 months, 13 days ago) |
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Fort Collins couple to sue city over $200,000 worth of dead marijuana plants
August 20, 2008 - coloradoan.com
A Fort Collins couple is planning to sue the city and Larimer County for more than $200,000 after police officers destroyed their 39 marijuana plants two years ago.
Last year in court, James and Lisa Masters successfully showed that city police illegally seized their plants following a raid at their home on Aug. 2, 2006. Judge James Hiatt in December ordered the city to return the seized pot plants, which by then were dead.
The Masters say they use the marijuana for medicinal reasons, growing some for their personal use, and dispensing the rest to other people registered under the state's medical marijuana law.
And they say that state law, enshrined in the state Constitution as Amendment 20, required the government to maintain their plants.
“The Masters suffer from debilitating medical conditions that were made worse by the stress of this lengthy case,” their lawyer, Rob Corry Jr., wrote in a letter to the city and county declaring plans to sue. “Their valuable medical marijuana was taken away and killed in violation of Colorado law.”
City and county officials say federal law requires them to destroy the plants, or at the very least not care for them.
The case could end up having statewide implications, by forcing a judge to decide whether the state or federal law takes precedence.
For James Masters, however, it has much more important considerations. Lisa has been hospitalized for five weeks with a life-threatening blood disorder that may be related to the fibromyalga for which she uses marijuana. That medical care has cost the family more than $600,000, James Masters said.
“It’s been a real struggle, but we’re not giving up on it,” he said this week. “I’ve committed my life to this.”
The couple used the federal government's estimates of what marijuana is worth to settle on the approximately $202,000 they are seeking, or $5,200 per plant.
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 SolomonTheShaman
I love to travel
Registered: 07/06/08
Posts: 131
Last seen: 12 hours, 11 minutes
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Re: Fort Collins couple to sue city over $200,000 worth of dead marijuana plants [CO] [Re: veggie]
#8801910 - 08/20/08 05:13 PM (3 months, 13 days ago) |
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I like how city and county officials say the federal law over rides the constitution. I hope they get their money, but I doubt they will. It'll be interesting to see how this case pans out nonetheless.
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"Live as if you were to die tomorrow. Learn as if you were to live forever."
-Mohandas Gandhi
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AroundtheSon
Mr. President
Registered: 01/11/07
Posts: 2,226
Loc: Midwest.
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Re: Fort Collins couple to sue city over $200,000 worth of dead marijuana plants [CO] [Re: veggie]
#8801914 - 08/20/08 05:13 PM (3 months, 13 days ago) |
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really sad.
long live the herb.
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rodfarva
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Registered: 07/31/07
Posts: 1,596
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Re: Fort Collins couple to sue city over $200,000 worth of dead marijuana plants [CO] [Re: AroundtheSon]
#8801923 - 08/20/08 05:16 PM (3 months, 13 days ago) |
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If the government can tax it, they should be able to claim damages.
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Chemy
Ëmþàñädá §790.23
Registered: 10/05/07
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Re: Fort Collins couple to sue city over $200,000 worth of dead marijuana plants [CO] [Re: veggie]
#8802064 - 08/20/08 05:50 PM (3 months, 13 days ago) |
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Quote:
The couple used the federal government's estimates of what marijuana is worth to settle on the approximately $202,000 they are seeking, or $5,200 per plant.
I bet they hate when those absurd inflated figures are thrown at them like that
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sudo apt-get install Barack-Obama
pu *.Bush
Deleted: B: /Bush/Patriot Act
Deleted: B: /Bush/NSA/AT&T/Warrantless Spying
Deleted: B: /Bush/Economy
Deleted: B: /Bush/Nukalur Weapons
Deleted: C: /Cheney/Control
Deleted: R: /Rice/Tool
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Sparkey_STi
Stranger
Registered: 06/19/08
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Re: Fort Collins couple to sue city over $200,000 worth of dead marijuana plants [CO] [Re: Chemy]
#8802169 - 08/20/08 06:17 PM (3 months, 13 days ago) |
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WOOT! GOGO CO! But yea... i like how they came to the figure of 200,000... even tho the hospital alone's 600,000~!
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magicgreenbeans
Stranger
Registered: 08/07/08
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Re: Fort Collins couple to sue city over $200,000 worth of dead marijuana plants [CO] [Re: Sparkey_STi]
#8804416 - 08/21/08 08:04 AM (3 months, 13 days ago) |
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i remember when i was in school, learning about the constitution, and the bill of rights and the system of checks and balances. And i distinctly remember learning about how the people who founded this country wanted a balanced government with power spread equally.
I distinctly remember one day we learned that the founding fathers made certain that the states rights could overpower the federal government so long as it was agreed on by the people. But that to me kinda went out with the civil war. But i remember learning that a state could overturn a federal law, and choose not to abide by it should it be the vote, and the state ultimatly has power over the federal government to govern its people.
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Evan
Registered: 09/22/03
Posts: 4,205
Loc: over there
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Re: Fort Collins couple to sue city over $200,000 worth of dead marijuana plants [CO] [Re: Chemy]
#8804502 - 08/21/08 08:27 AM (3 months, 12 days ago) |
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Quote:
Chemy said:
Quote:
The couple used the federal government's estimates of what marijuana is worth to settle on the approximately $202,000 they are seeking, or $5,200 per plant.
I bet they hate when those absurd inflated figures are thrown at them like that
Exactly! Doesn't feel so good now does it popo?
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GALACTIC CONNECTIONS MANIFEST
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veggie
Registered: 07/25/04
Posts: 6,529
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Re: Fort Collins couple to sue city over $200,000 worth of dead marijuana plants [CO] [Re: veggie]
#8884153 - 09/05/08 08:27 PM (2 months, 28 days ago) |
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Fort Collins refuses to pay for dead pot plants
September 5, 2008 - summitdaily.com
FORT COLLINS — The city of Fort Collins has refused to pay a couple’s claim for more than $200,000 for letting their marijuana plants die after they were seized in a medical-marijuana case.
Police confiscated 39 plants from Jim and Lisa Masters in August 2006, but they were returned after a judge ruled the couple qualified as medical-marijuana growers, even though they had not completed the required paper work.
The Masterses say their plants were dead, dry, and in some cases moldy when they got them back in December 2007, so they filed a claim with the city.
Police say they weren’t required to keep them alive because the couple didn’t have permits.
The couple’s attorney, Brian Vicente, said Thursday they will probably file a civil suit in state court in hopes of forcing the city to pay.
A voter-approved amendment to the state constitution legalized marijuana for medical use.
Using marijuana for medical purposes remains illegal under federal law.
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Coaster
Psychosomatic Psychonaught
Registered: 05/22/06
Posts: 14,975
Loc: La La Land
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Re: Fort Collins couple to sue city over $200,000 worth of dead marijuana plants [CO] [Re: veggie]
#8884372 - 09/05/08 09:33 PM (2 months, 28 days ago) |
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well they didnt fill out their paperwork in time
as much as that sux cock thats the way it is, u gotta play by the gay little rules
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Midnight Rider
dead mycologist
Registered: 06/07/08
Posts: 182
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Re: Fort Collins couple to sue city over $200,000 worth of dead marijuana plants [CO] [Re: Coaster]
#8884780 - 09/05/08 11:34 PM (2 months, 28 days ago) |
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Unfortunatly they failed to dot i's and cross t's. thjey brought the situation on themsleves by notfollowing the rules to the letter. They have no case.
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Coaster
Psychosomatic Psychonaught
Registered: 05/22/06
Posts: 14,975
Loc: La La Land
Last seen: 2 hours, 43 minutes
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Re: Fort Collins couple to sue city over $200,000 worth of dead marijuana plants [CO] [Re: Midnight Rider]
#8884781 - 09/05/08 11:34 PM (2 months, 28 days ago) |
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ya its gay i no
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Entropymancer
Saint of Circumstance
Registered: 07/16/05
Posts: 5,617
Loc: PNW
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Re: Fort Collins couple to sue city over $200,000 worth of dead marijuana plants [CO] [Re: Midnight Rider]
#8884819 - 09/05/08 11:53 PM (2 months, 28 days ago) |
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Yup. Do they seriously expect the cops to keep every cannabis plant they seize alive and well in case the person they seized is from was a legitimate patient who simply hadn't finished registering?
Quote:
Midnight Rider said:
They have no case.
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Bufotenin
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