Colorado Court of Appeals - 2-16-12 criminal law decision - People v. Sexton

People v. Sexton            Medical Marijuana – Affirmative Defense & Waiver of Doctor/Patient Privilege

Facts: Mr. Sexton operated a legal marijuana growing operation. However, the prosecution charged Mr. Sexton with cultivation for growing plants in excess of the size limit and not keeping complete, legible records for whom he grew the marijuana. Mr. Sexton asserted the Medical Marijuana Amendment as a defense. During trial, the prosecution called Mr. Sexton’s doctor without a waiver from Mr. Sexton. The jury convicted Mr. Sexton possession of more than 8 ounces of marijuana.

Issue: Whether by asserting a defense under the Medical Marijuana Amendment, Mr. Sexton waived his doctor/patient privilege?

Held: Yes.

Reasoning: The Court of Appeals held, “Here, by raising the affirmative defense of medical use, defendant validly waived his privilege under section 13–90–107(1)(d). Thus, the physician's rebuttal testimony concerning his conversations with defendant was a lawful disclosure under section 13–90–107(1)(d), rather than an unlawful disclosure of defendant's confidential medical marijuana patient registry information. Accordingly, we conclude, as did the trial court, that the written waiver requirements of section 18–18–406.3(5) simply did not apply.”

>Link to People v. Sexton here<

Colorado Court of Appeals 2-2-12 People v. Watkins

People v. Watkins            Probation Conditions – Medical Marijuana – Definition of ‘Offense’

Facts: Mr. Watkins smokes marijuana legally under Colorado’s Medical Marijuana, voter initiated and approved, constitutional amendment. The trial court refused to bar Mr. Watkins from smoking dope with a license while on probation. The prosecution, of course, whined, complained, and appealed the allowance.

Issue: Whether medical marijuana constitutes an offense, and thus, disallowed under a probationary sentence?

Held: Yes.

Reasoning: The Court of Appeals simply reasoned that medical marijuana is a criminal offense under federal law. Thus, the trial court abused its discretion by allowing continued marijuana use while under a probationary sentence. What this case is really about - DA’s, many judges, and cops know legalization of marijuana reduces their power. Thus, like petulant children, each constantly tries to undermine the amendment passed by the citizens of Colorado. Whether people dig smoking dope or not, everyone should be concerned when courts, DAs, and police attempt to undermine Democracy. The Medical Marijuana Amendment does not infringe on anyone else’s rights, privileges, or well being - unlike the anti-Gay Amendments presented/passed in Colorado and the U.S., unlike any fictionally titled 'Victim's Rights Amendments' that cops and DAs hoodwinked the populace into passing in the late '80's, and unlike a multitude of other amendments passed or bandied about in the U.S. during the last half-century that limit rather than expand the rights of citizens.

,>Link to People v. Watkins here<