DEA to Return Medical Marijuana Equipment

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DEA to Return Medical Marijuana Equipment

See Medical Marijuana in Colorado for links to more articles about this issue.

[Editor's note: On May 27, 2004, the DEA raided the Aurora home of a licensed medical marijuana user. I published an article about the raid on July 12. On August 3, the Rocky Mountain News provided additional details in a story by Hector Gutierrez. Then, on August 26, The Denver Post published a story by Manny Gonzales titled, "Ailing Auroran sues for seized pot's return." Below are three media releases issued by the victim's attorney, Robert Corry. -- Ari Armstrong]

THURSDAY, AUGUST 26, 2004

HISTORIC VICTORY IN MEDICAL MARIJUANA LAWSUIT;
DEA WILL RETURN GROW EQUIPMENT

DENVER -- Dana May, a chronically-ill medical marijuana patient, and his lawyer Robert J. Corry, Jr., are pleased to announce a victory in their State Court lawsuit to recover May's marijuana growing equipment seized in a raid earlier this year. This is the first time in Colorado history that the government has returned marijuana growing equipment it previously seized.

May suffers from Reflex Sympathetic Dystrophy, and in an affidavit filed with the Court, May's doctor explained that May's extreme pain levels made this is potentially a life-or-death situation.

"This is a historic victory for compassion, commonsense, and the will of the Colorado voters who placed medical marijuana in the State Constitution," said May's lawyer, Robert J. Corry, Jr. "We are so pleased that Dana will once again be able to grow his medicine, manage his pain, and get his life back for his family."

"I am just so happy that there is an end in sight to my extreme pain," said May, a married father of three. "I look forward to legally growing marijuana again."

WHAT: Dana May and his attorney, Robert Corry, Jr., will appear in Arapahoe District Court to announce a settlement and dismiss their case.

WHEN: 9:30 a.m., Friday, August 27, 2004.

WHERE: Arapahoe County Justice Center, 7325 S. Potomac Street, Centennial, Colorado, Courtroom 301, the Honorable Cheryl L. Post, District Court Judge presiding.

CONTACT: Robert Corry, Jr., Corry & Fellows, LLP... A one-page letter from the U.S. Department of Justice settling the case is available upon request.

Robert J. Corry, Jr. Law Offices of Corry & Fellows, LLP 600 17th Street, Suite 2800 South Tower Denver, Colorado 80202

THURSDAY, AUGUST 26, 2004

HISTORIC COURT HEARING TOMORROW IN MEDICAL MARIJUANA PATIENTíS CASE AGAINST POLICE

DENVER -- Dana May, a chronically ill Aurora man, will appear in Arapahoe District Court Friday in a lawsuit to retrieve his State-approved medical marijuana and growing equipment. Police confiscated May's marijuana and equipment during a massive raid on his home earlier this year. If the police return May's medical marijuana, it will be the first time in Colorado history that this has occurred.

May suffers from Reflex Sympathetic Dystrophy, and in an affidavit filed with the Court, May's doctor explains that May's extreme pain levels make this is potentially a life-or-death situation.

"Dana is guilty of nothing except suffering from extreme pain, and our government has made it worse by taking away his medicine," said May's lawyer, Robert J. Corry, Jr. "We hope the Court will show compassion for Mr. May's suffering, and respect for the will of the Colorado voters who placed medical marijuana in the State Constitution."

"Medical marijuana works better for my pain than any other medication, and my pain is getting worse every day without my marijuana," said May, a married father of three. "I look forward to my day in court, and look forward to getting my stuff back."

WHAT: Dana May and his attorney, Robert Corry, Jr., will appear in Arapahoe District Court on an application for a preliminary injunction to recover medical marijuana and grow equipment permitted by Coloradoís Medical Marijuana law.

WHEN: 9:30 a.m., Friday, August 27, 2004.

WHERE: Arapahoe County Justice Center, 7325 S. Potomac Street, Centennial, Colorado, Courtroom 301, the Honorable Cheryl L. Post, District Court Judge presiding.

TUESDAY, AUGUST 24, 2004

AURORA MAN TO SUE TOMORROW TO
GET BACK MEDICAL MARIJUANA

DENVER -- Dana May, a chronically ill Aurora man, announced this afternoon that he will sue the Aurora Police Department and the Arapahoe County Sheriff in an effort to retrieve his legally obtained medical marijuana. The marijuana was confiscated during a raid on May's home earlier this year. [Editor's note: The Post reported, "Sheriff Grayson Robinson said his deputies were not involved in the raid on May's home. Corry says he will likely drop the Sheriff's Office from the lawsuit."]

May, who suffers from Reflex Sympathetic Dystrophy, legally obtained a doctor's recommendation to use medical marijuana and all appropriate state-issued licenses... Recently, the District Attorney announced it would not file any criminal charges against May stemming from the raid.

"Dana did everything he could to comply with state law and the will of Colorado voters, which was to provide relief for the chronically ill," said Robert Corry, Jr., May's attorney. "He sought relief from excruciating pain and ended up in handcuffs for it." Before receiving his medical marijuana license, May previously tried conventional methods to dull his pain, including surgically implanted morphine pumps...

WHAT: Dana May and his attorney, Robert Corry, Jr., will file a lawsuit against the Aurora Police Department and the Arapahoe County Sheriff in an effort to recover medical marijuana and grow equipment legally possessed and grown under Colorado's Medical Marijuana law. [Editor's note: The Post reported, "A spokesman for the U.S. Department of Justice said there's no way the contraband will be returned. 'Marijuana is considered a contraband under federal law,' said Justice Department spokesman Jeff Dorschner. 'It is illegal to distribute, and under no circumstance would the Justice Department authorize its return without a court order'." Note that the settlement as described by Corry covers only the equipment, not the seized marijuana.]

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