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Old 02-18-2010, 11:54 PM
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Default Split Verdict In Medical Marijuana Case Creates More Questions

PUEBLO, CO – A jury came up with an interesting verdict in the case against a man who had over 100 medical marijuana plants seized from his home in Beulah last year.

Local dispensary owner and medical marijuana used, Tom Sexton was found innocent of cultivating marijuana, but guilty of possessing it. Sexton and his lawyer say the lesser charge is a victory, but that doesn’t mean they understand it themselves.

“The issues surrounding medical marijuana are complex,” said Denver Mayor and Gubernatorial candidate, John Hickenlooper Monday. At a campaign stop in Pueblo Hickenlooper admitted that there’s no clear direction the state has been able to take on the medical marijuana issue.

“I think it’s medically used appropriately,” he said. “But how do we make sure its it's not abused, kids aren't using it and that were not creating a black market. Obviously local communities are going to begin doing that, but I think states also have to step forward with the framework," Hickenlooper explained.

But until that framework is complete, the confusion continues. Sexton says he considers his case a step forward in the overall big picture of medical marijuana in Colorado. Even though right now, it creates more questions than answers.

"We declare this a victory for our community," he said Tuesday during a phone interview. "Under this verdict, a caregiver may grow the marijuana but it would be illegal for them to possess it…It just makes sense that if you can grow it, you should be able to possess it.”

But despite the confusion, Sexton’s lawyer, John Tameler, says the jury’s decision delivered a clear message. "The jury really got it,” he said. “They sent home the message loud and clear that government can't stop people from growing their medicine. Can’t stop the patient, can’t stop the caregiver."

Sexton and Tameler both said they plan to explore all of their options including filing an appeal to the guilty verdict of possession. Sexton is scheduled for sentencing on March 1st.


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