[Defense lawyer Kristopher] Hammond cited an Oregon Court of Appeals decision in which marijuana was seized from a man who was allowed to use it for medicinal purposes. Federal officers argued it would violate federal law to return the drug, but a local court said the drug should be returned, a decision which was upheld by the appeals court.

While that decision isn't binding on the Colorado court, the Judge said it was of some precedential value since there is no Colorado law on the subject.

Before the hearing ended, Hammond said, "Your honor, my client just asked me if he can grow marijuana again." Garrecht replied that he did not give out legal advice.

We don't give legal advice here either, but we can state the law: Growing any amount of marijuana is a federal crime and the fact that the state permits it is not a defense to a federal charge. The penalty for growing less than fifty plants is up to five years in prison.

A bill has been introduced in the House that would provide an affirmative defense to medical marijuana users facing federal pot charges--the Truth in Trials Act. Sen. Richard Durbin (D-IL) will be introducing a similar version in the Senate. Please take two minutes to fax your senators a pre-written letter explaining why it is necessary to provide federal protections to patients and caregivers who use and provide medical marijuana in compliance with state laws. Visit here, enter your address, select a letter, and click a button to send it to your senators.

For an excellent article on why Sen. Durbin's bill is a just response to the state-federal medical marijuana law disparity, read Justice Goes to Pot.

Senator Durbin's bill is in line with the history and purpose of the American criminal jury system, which has been likened to the "fourth branch of government" and the "final check and balance." His measure would allow jurors to know whether the verdict they are asked to return would be a just one. If not, jurors could refuse to convict — nullify the law — on their own initiative. Durbin's bill will merely allow the jury system — the conscience of the community — to dispense, as Judge Hoyt so well put, "acts of mercy ... where the facts dictate morally and ethically that mercy is appropriate."

The Rocky Mountain News has more on the Dan Nord case and the fight between the states and the feds over marijuana.