Medical pot case still stalled |

Medical pot case still stalled

A defendant in a medical marijuana case, Justin Brownlee, appeared in court briefly Thursday. His case was continued until Jan. 12 pending the outcome of defendant Gene Brownlee’s trial which begins Nov. 28.A third case, against Gene Brownlee’s ex-wife, Jennifer Ryan, was dismissed in June because of mishandled evidence. Ryan, Brownlee, his nephew Justin Brownlee and Drew Gillespie were charged with various counts of possession of marijuana with intent to distribute.Last summer, the Two Rivers Drug Enforcement Team confiscated 130 marijuana plants from Ryan and Brownlee’s apartment in Rifle. Ryan said she was certified to grow and administer marijuana for medical purposes. Legally, she could have up to six plants or as many as she felt necessary to treat a given medical condition. Gene Brownlee also claimed he had a medical condition that he treated with marijuana.The law stipulates that the plants taken in evidence must be kept alive. However, the TRIDENT officers who seized the plants admitted in court they destroyed the plants, keeping only one leaf and pictures for evidence.Justin Brownlee’s case also hinges on a motion field by Gene Brownlee’s attorney, public defender Jamie Roth, who filed a motion in the case related to the destruction of the marijuana.”If it’s granted, it could have the same result as in the Jennifer Ryan case” which was dismissal, said Deputy District Attorney Scott Turner.

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