Motion to dismiss filed in fourth medical marijuana case
Post Independent Staff
Charges against a fourth defendant in a medical marijuana case are likely to be dropped this week. Deputy District Attorney Scott Turner filed a motion to dismiss the case against Justin Brownlee, who is charged with various counts of possession of marijuana with intent to distribute.
Similar cases have been dismissed against Gene Brownlee, Justin’s uncle, and Gene Brownlee’s ex-wife, Jennifer Ryan, because of mishandled evidence. Without the physical evidence prosecutors would be unable to prove guilt beyond a reasonable doubt.
On Aug. 2, 2004, the Two Rivers Drug Enforcement Team confiscated 130 marijuana plants from Ryan and Brownlee’s apartment in Rifle. They arrested Ryan, the Brownlees and Drew Gillespie for growing and selling marijuana.
Gillespie pleaded guilty in December 2004 to conspiracy to sell/distribute. He received a deferred sentence and was ordered to do 75 hours of public service.
Ryan said she was certified to grow and administer marijuana for medical purposes. Gene Brownlee claimed he had cancer, which he treated with marijuana.
According to the arrest affidavit, Justin Brownlee told police he assisted in the selling of marijuana Brownlee and Ryan grew and also obtained marijuana from them for his own use.
Brownlee and Ryan told police they never sold their marijuana to anyone without a permit.
According to Colorado law, she could have up to six plants or as many as she felt necessary to treat a given medical condition. The law also 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.
Judge Dan Petre will rule on the motion on Thursday, Jan. 12.
Support Local Journalism
Support Local Journalism
Readers around Glenwood Springs and Garfield County make the Post Independent’s work possible. Your financial contribution supports our efforts to deliver quality, locally relevant journalism.
Now more than ever, your support is critical to help us keep our community informed about the evolving coronavirus pandemic and the impact it is having locally. Every contribution, however large or small, will make a difference.
Each donation will be used exclusively for the development and creation of increased news coverage.
Start a dialogue, stay on topic and be civil.
If you don't follow the rules, your comment may be deleted.
User Legend: Moderator Trusted User