Appeals court upholds conviction in drug case | Western Colorado

He was found guilty of possession of marijuana or marijuana concentrate with intent to sell more than 12 ounces, possession of drug paraphernalia and attempted extraction of marijuana concentrate using an inherently dangerous substance, the court said.

He was acquitted on an additional charge of possession of a weapon by a previous offender and a special improver for offenders, and was subsequently sentenced to four years in prison in the community.

On his appeal, Richardson’s attorneys attempted to argue that he had a positive defense under the state’s constitutional amendment for medical marijuana, but the court dismissed that argument.

“Richardson’s attorney did not move a positive defense under the Medical Marijuana Amendment, and Richardson did not argue in his post-conviction motion that this qualified as ineffective (legal) assistance,” wrote Judge Neeti Pawar in the verdict the judges passed followed by David Richman and Lino Lipinsky.

When he was arrested, Richardson told law enforcement that he had a medical marijuana card.

On appeal, he tried to argue that because of this card and the amount of medical marijuana the change allows people, the amount of extra marijuana he had below the 12 ounce threshold should have been reduced, arguing that a conviction should be made in this regard were rejected by the court.

“There is no evidence in our records – other than (law enforcement) statements that Richardson told him he had a medical marijuana card at the time of his arrest – to prove that a medical marijuana defense was warranted,” wrote Pawar.