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BOULDER, Colo. — UPDATE: 1:39 p.m.
A Louisville man who was accused of possessing an illegal amount of medical marijuana when his home was raided last year was acquitted on all charges Thursday afternoon.
After deliberating for a little more than three hours, a jury of eight men and four women found Jason Lauve, 38, not guilty of a felony drug possession charge, as well as lesser charges of possessing marijuana and marijuana concentrate.
Lauve burst out crying when the verdict was announced and hugged his defense attorney, Rob Corry. Several audience members clapped and expressed their approval.
Lauve was charged with possessing 17 times the permitted amount of marijuana that the state allows for medical purposes — which is set at two ounces and no more than six plants. Police said they found more than two pounds of marijuana during a raid of his Louisville home in June 2008.
Lauve, who has had a state-issued medical marijuana ID card for several years, suffered severe injuries to his back after being struck by a snowboarder at Eldora Ski Resort in 2004 and has smoked pot three times a day and ingested it once a day to ease his pain.
He argued the constitutional amendment voters approved nine years ago contains a provision that allows patients to ultimately decide the amount of marijuana that gives them relief from a debilitating condition.
UPDATE: 1:25 p.m.
The jury in Jason Lauve’s medical marijuana trial has reached a verdict, according to his attorney.
Defense attorney Rob Corry said he received a call from the clerk of the court around 1:20 p.m. informing him the 12-person jury has reached a unanimous decision in the case.
The jury deliberated for about three hours.
An announcement of the verdict is forthcoming.
UPDATE: 10:56 a.m.
Jury begins deliberations in medical pot trial
A Louisville man charged with having an unlawful amount of medical marijuana claimed Thursday morning that Colorado law permits him to decide for himself how much pot he needs to ease the pain induced by a ski slope collision he was involved in nearly five years ago.
Prosecutors countered that accepting the defendant’s interpretation of the state’s medical marijuana law would give patients “carte blanche” to possess whatever amount of pot they desired, a clear violation of the law’s intent.
Lawyers in the case wrapped up their closing arguments this morning and the case is now in the hands of the jury.
Jason Lauve, 38, is charged with possessing 17 times the permitted amount of marijuana that the state allows for medical purposes — which is set at two ounces and no more than six plants. Police said they found more than 30 pot plants and more than two pounds of marijuana during a raid of his Louisville home in June 2008.
Lauve, who has had a state-issued medical marijuana ID card for several years, suffered severe injuries to his back after being struck by a snowboarder at Eldora Ski Resort in 2004 and has smoked pot three times a day and ingested it once a day to ease his pain.
He argues the constitutional amendment voters approved nine years ago contains a provision that allows patients to ultimately decide the amount of marijuana that gives them relief from a debilitating condition.
“There is no evidence that he had more than was medically necessary to treat his severe debilitating medical condition,” said Rob Corry, Lauve’s attorney, during closing arguments. “Who gets to decide what is medically necessary?”
He argued that the law states that that decision ultimately belongs to the patient or caregiver and that if the state-mandated maximum of two ounces of pot and six marijuana plants is exceeded, patients can raise an affirmative defense that more of the drug was needed to treat the pain. And Lauve is the only one who knows how much pain he is experiencing, Corry told the jury.
Corry said what’s critical in the case is what his client intended to do with the pot he had in his possession.
He said the prosecution brought forward no evidence that Lauve was doing anything more with his marijuana stash than trying to alleviate pain, which has left him reliant on a cane and wheelchair.
Lauve had a large amount of pot at his house, Corry said, largely because he wasn’t good at growing it and most of its weight was accounted for by unusable parts of the plant, like stems and leaves. He also said his client’s marijuana supply was low-grade and weak.
“He had what was necessary given the potency of the marijuana he had,” the lawyer told the jury.
Corry said marijuana allowed Lauve to regain a semblance of a normal life and allowed him to wean himself off a number of addictive synthetic opiate-based painkillers he had been taking.
“It helped him live,” Corry said, with his hands resting on his client’s shoulders.
The defense lawyer said it’s clear that Colorado’s medical marijuana law needs clarification in terms of what’s an allowable amount of the drug to possess, but he told the jury “the way to clarify the law is not through criminal prosecution” but through law and policy making.
Prosecutor Karen Lorenz said while there may be some ambiguity in the state’s medical marijuana law, she said it was clear Colorado’s voters wanted some sort of limits in place so that unlimited amounts of pot couldn’t be obtained by patients and caregivers.
“Having a license for medical marijuana is not carte blanche or a free ticket to possess whatever you want,” she said. “There’s no limit.”
She said Lauve last fall asked his doctor if he could obtain 15 ounces of pot a month but based on his daily use would actually need much more than that.
Lorenz accused the defendant of concocting random amounts of the drug to justify his pot consumption. She said he couldn’t show Louisville police any legal document or doctor’s recommendation that would account for the large amount of pot he had in his home on June 26, 2008.
“There’s no doctor to support this, there’s random numbers being thrown around based on what he thinks he needs on a day to day basis,” Lorenz told the jury. “That’s not what the medical marijuana statute is for.”
She said the state constitution doesn’t distinguish between low-grade and high-grade marijuana and that the defense’s claim that Lauve’s pot supply had low potency is irrelevant under the law.
She lined up nearly a dozen Ziploc bags of pot on the railing of the jury box and asked the jurors to convict Lauve of illegal possession of marijuana and marijuana concentrate.
The jury has the option to convict Lauve on the felony count of possessing more than eight ounces of the drug — which could land him in prison for up to three years — or find him guilty on lesser charges of possessing smaller amounts of marijuana. It can also find him not guilty on all charges.