developed a cannabis science lab, a cancer therapy room and a cultivation room. He was using up to two ounces per day to produce his own highly concentrated cannabis oils. To produce his oils, Bob had a doctor’ s recommendation and was well within his recommended plant count of 75 plants. But that was not good enough for Dan May.
It’ s now high noon on May 5 th, 2010. The sun is shining and Bob just finished his daily lab work at home and there’ s a knock on the door …
What began as a festive day, ended in local government-sanctioned terror for a man fighting cancer in accordance with his Constitutionally protected rights. Within 60 seconds, Bob’ s home was surrounded by half a dozen black Suburbans, SWAT teams and more lights than Mexico City on Cinco de Mayo.
Bob invited the police in and was immediately told by the police to“ Sit down and don’ t make a move. I’ m declaring this an illegal grow!” His home was rampaged. His cancer lab, therapy room and cultivation room were destroyed. Years of work, years of pain and years of trial and error were all gone in a matter of minutes.
Two weeks later, Bob received a call that there was a warrant for his arrest for felony cultivation with intent to distribute.“ I went straight to the police and turned myself in,” Bob told me. He was arrested and placed in jail. Fortunately, bail was posted. With his lab, plants and medicine gone, Bob was now facing the possibility of prison too.“ I’ m a cancer patient fighting for my life! Now, I had to spend most of my time fighting for my right to save my own life!”
To make a very long painful story short, Dan May worked for two years to put Bob“ The Killer of Cancer” Crouse behind bars. But on a Friday afternoon in June 2012, at exactly 4:20 p. m., the verdict was read loud and clear –“ We the jury find Bob Crouse not guilty!”
After a lengthy and expensive court battle, the courts ordered the Colorado Springs Police Department to return Bob’ s medical cannabis, now of course useless, but a moral victory nonetheless. On that day dozens of local supporters thronged to Bob’ s side and applauded as he left the police department. Bob broke down in tears and stated,“ I’ m thankful that I’ m alive. I’ m thankful that the spirit of life that is in me, is in our community.”
Bob told me proudly,“ My cannabis treatments have killed over half of the cancer cells in my lymphocytes with absolutely no use of pharmaceuticals!” Now that’ s amazing.
The decision on Bob’ s $ 300,000 lawsuit against the city of Colorado Springs is still pending.
Exhibit C: Elise Kappelman, MMJ patient and center owner- aka“ Hey, Homeland Security, can I borrow a million dollar plane? I think I smell marijuana. Yes, I know the address, but I’ d rather use a plane.”
Two days after the passage of Colorado’ s revolutionary HB-1284( April 2010) what became known as the“ Beacon Street Raids” brought down a life of legal purgatory for a local group of medical marijuana patients, growers, employees and center owners in Colorado Springs.
Rather than simply driving around and performing a judicially prudent investigation, Dan May reached out to Homeland Security and requested a fly over of Colorado Springs with a top secret military asset to seek out and find marijuana growers. Not sure why he needed a plane, he has everyone’ s address, all he had to do was ask the City Clerk. They know exactly where we are but a top-secret heat-imaging plane from Montana? Really?
Of those charged, a majority fell victim to the immense powers that rest in a district attorney’ s hands. After concentrated pressure from the DA’ s office, many accepted guilty charges and took the plea bargains. They may never work in the marijuana business again. Their dreams, their rights and their freedoms turned to dust.
Elise refused the DA’ s plea and fought for her rights as an American and the right to contribute, if need be with her life, in the name of liberty and an ideology that she believes in. Her case was one of the first of its kind in El Paso County.
After years of delays, legal battles and relentless attacks, her case finally made it to trial. With her life on the line, the jury returned to the court, the head jurist stood and read aloud,“ We the jury find Elise Kappelmann, not guilty.”
Upon leaving the courtroom that afternoon in June 2012, she had something to say to the District Attorney:“ Actually, I think we have a prosecutor in this town who doesn’ t follow the law, he follows his own agenda,” she said,“ Dan May’ s corrupt.”
Elise did it her way this time and she won. She is now back at work and helping make the world a better place with high-quality medical marijuana for suffering patients.
Exhibit D: Ali Hillery, MMJ patient and center owner“ Dan May vs. the Granny of Ganja”
Ali Hillery is one of the most beloved center owners in El Paso County. It’ s hard not too see why. If you meet her, or her family, you’ re likely to get a hug, a Bible verse bookmark and some of the best medical marijuana in the state. The Hemp Connoisseur reported in depth on her story in the last issue.
To put this in as few words as possible, the DA’ s office had Ali’ s back to a wall and was ready to pull the carpet from under Granny faster than you could sing“ over the river and through the woods”
With the threat of spending the rest of her life in jail and the absolute disintegration of her family business, Ali faced down the DA’ s prosecutor in court and a phoenix of hope was born from the ashes of legal oppression and brute force.
On the stand, Ali testified that she did what the law told her to do. But the DA’ s didn’ t even know what the laws were. She did her best: paying her bills, her taxes and licensing fees. It’ s not her fault the state lags behind and can’ t even agree on what the difference is between a clone or a plant.
Since winning her case in court, Ali Hillery was invited by the Colorado Springs police department to view her 604 plants and 36 lbs of seized( and useless) medical cannabis worth $ 3 million. As part of a hard-knock legal twist, the Granny of Ganja had to agree to have her cannabis destroyed – or face the loss of her business. Why do you ask? Well, without local approval, there can be no state approval. So the LLA had the power of licensing in their hands – and used it like a hammer on a nail. Ali’ s attorney, Sean McAllister, stated the case modestly,“ Their basic position was: If you don’ t enter into this agreement, we’ re going to go ahead with the license revocation.” Ali of course agreed to the deal, and the LLA agreed to process her application to the state.
The Granny of Ganja is fighting back for the loss and is suing the city of Colorado Springs for $ 3.3 million. At this time, the decision on the lawsuit is still pending. What is known, is that today Ali is a local legend and a national medical cannabis hero.
So, where does this leave us? Do we, as Americans have certain unwavering rights? Does our Constitution mean anything if it allows patients, cancer survivors and hard working businesswomen to be dragged into court, victimized in their homes and threatened with both financial ruin and life in prison? Are the taxpayers of El Paso County going to tolerate the money wasted on these type of cases anymore? What now?
“ We have changed the laws at the state level but we have not changed the hearts and minds of some local officials. We need to do better,” said Sean.“ Creating an electoral cost for not respecting the will of the voters. This will be a test of the marijuana movement’ s sophistication and powers,” he continues,“ If people don’ t want politicians to betray the will of the voters, they must change the outcome of elections. It is remarkable that this is only happening in one county and that’ s because of Dan May.”
Sean believes that,“ The right approach is to treat any issues related to dispensaries as regulatory issues and not criminal. We need to move from criminalization, to responsible open regulation.” Amendment 64 has passed but if anyone thinks the fight for liberty is over, you have your head too far up your bong.
Take a hint. Pick up the phone. Call your nearest local official. Tell them politely,“ it’ s the marijuana liberty bell ringing and it’ s not going to stop until the will of the people is respected.”
Rumors are spreading across Colorado, that a conservative block is working to lock-down local city council seats and turn back the hands of time on marijuana legalization. Local powers can ban Amendment 64 at will. Some already have. Many more will try.
I contacted Dan May’ s office three times in three days. No return call. No reply. No comment. Maybe they don’ t know how to check voicemails on their smart phones. Or maybe they don’ t care.
This story has more legs than a spider’ s nest. With that said, it’ s 2 a. m., my coffee is empty, my joint is out and I think I hear a bell ringing. Or is that a heat-imaging plane overhead? thcmag. com 35