People v. Clendenin

232 P.3d 210, 2009 Colo. App. LEXIS 1864, 2009 WL 3464306
CourtColorado Court of Appeals
DecidedOctober 29, 2009
Docket08CA0624
StatusPublished
Cited by350 cases

This text of 232 P.3d 210 (People v. Clendenin) is published on Counsel Stack Legal Research, covering Colorado Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Clendenin, 232 P.3d 210, 2009 Colo. App. LEXIS 1864, 2009 WL 3464306 (Colo. Ct. App. 2009).

Opinions

Opinion by Judge HAWTHORNE.

In this case, we conclude that to qualify as a “primary caregiver” under Colorado Constitution article XVIII, section 14, a person must do more to manage the well-being of a patient who has a debilitating medical condition than merely supply marijuana.

Accordingly, we affirm the judgment of conviction entered against defendant, Stacy Clendenin, on jury verdicts finding her guilty of cultivation of marijuana, possession with intent to distribute marijuana, possession of marijuana concentrate, possession of marijuana — eight ounces or more, and possession of drug paraphernalia.

I. Facts and Procedural Background

A Longmont police detective received a tip from an informant that defendant’s residence had “come and go” traffic. After obtaining utility and assessor records for the property and several similarly-sized nearby residences, he discovered that the power usage at defendant’s house was four times greater than that of comparable houses between June and September 2006 except for one month, when it was three times higher. Defendant’s power usage was also three times higher than the previous resident’s. The detective conducted a solid waste inspection and found three marijuana stalks located inside a trash can in front of defendant’s house. [212]*212Based on this information, he obtained a search warrant.

When the detective executed the warrant, defendant opened the door and identified herself. He smelled a strong scent of marijuana and informed her that he had a warrant to search the residence. Defendant escorted the detective to the basement where she had two “grow rooms,” and told the detective she grew four kinds of marijuana for medical purposes because she suffered from migraine headaches. During the search, the detective found forty-four marijuana plants, $572 in defendant’s bedroom, and sixty-seven medium-sized zip lock jeweler’s bags.

Prior to trial, defendant moved to suppress evidence seized during the search, arguing that the affidavit for the search warrant lacked probable cause. The trial court concluded that the marijuana stalks found in the trash can and the utility bill information established probable cause. The court also ruled that the evidence was admissible under the good faith exception, and denied defendant’s motion.

Because we presume the trial court properly denied defendant’s motion to suppress for the reasons discussed in Part III below, we begin our analysis by addressing her argument that the trial court erred in limiting her ability to present affirmative defenses.

II. Affirmative Defenses

Defendant contends the trial court erred in limiting her ability to present the “primary care-giver” and “end user” affirmative defenses provided under Colorado Constitution article XVIII, section 14(2)(a), and section 18-18-302(3), C.R.S.2009, respectively. We discern no error.

A. Primary Care-Giver

We review de novo the interpretation of a constitutional provision. Danielson v. Dennis, 139 P.3d 688, 690-91 (Colo.2006); Rocky Mtn. Animal Def. v. Colo. Div. of Wildlife, 100 P.3d 508, 513 (Colo.App.2004).

In relevant part, the Colorado Constitution provides:

[A] patient or primary care-giver charged with a violation of the state’s criminal laws related to the patient’s medical use of marijuana will be deemed to have established an affirmative defense to such allegation where:
(I) The patient was previously diagnosed by a physician as having a debilitating medical condition;
(II) The patient was advised by his or her physician, in the context of a bona fide physician-patient relationship, that the patient might benefit from the medical use of marijuana in connection with a debilitating medical condition; and
(III) The patient and his or her primary caregiver were collectively in possession of amounts of marijuana only as permitted under this section.

Colo. Const, art. XVIII, § 14(2)(a).

“Primary care-giver” is defined as “a person, other than the patient and the patient’s physician, who is eighteen years of age or older and has significant responsibility for managing the well-being of a patient who has a debilitating medical condition.” Colo. Const, art. XVIII, § 14(l)(f) (emphasis added).

Defendant maintains that she qualified as a “primary caregiver” under the Colorado Constitution because “the provision of medical marijuana, itself, ... constitutes the ‘significant responsibility’ required to be a caregiver,” and, thus, she was entitled to assert the affirmative defense provided in section 14(2)(a). The trial court rejected defendant’s argument, ruling that by law, a marijuana grower who has no personal contact with patients does not satisfy the “primary caregiver” definition, and therefore only allowed testimony from witnesses with whom defendant had personal contact. We likewise reject defendant’s argument, but on a basis different from the trial court’s rationale. We conclude that to qualify as a “primary caregiver” a person must do more than merely supply a patient who has a debilitating medical condition with marijuana.

In so concluding, we are guided by traditional principles of constitutional interpretation. We afford the language its ordinary [213]*213and common meaning to give effect to every word and term contained therein. People v. Rodriguez, 112 P.3d 693, 696 (Colo.2005). When the language is plain, its meaning clear, and no absurdity is involved, constitutional provisions must be enforced as written. Id.

We are also guided by section 18-18-406.3(1), C.R.S.2009, titled “Medical use of marijuana by persons diagnosed with debilitating medical conditions,” which became effective in 2001, and provides, in relevant part:

(b) Section 14 of article XVIII of the state constitution creates limited exceptions to the criminal laws of this state for patients, primary care givers, and physicians concerning the medical use of marijuana by a patient to alleviate an appropriately diagnosed debilitating medical condition;
[[Image here]]
(g) Section 14 of article XVIII of the state constitution requires the general assembly to determine and enact criminal penalties for specific acts described in the constitutional provision;
(h) In interpreting the provisions of section 14 of article XVIII of the state constitution, the general assembly ... has attempted to give the ... words of the constitutional provision their plain meaning;
(i) This section reflects the considered judgment of the general assembly regarding the meaning and implementation of the provisions of section 14 of article XVIII of the state constitution.

This section is consistent with our case law concerning constitutional interpretation. See Rodñguez, 112 P.3d at 696.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Estate of Jays
Colorado Court of Appeals, 2024
Wawenock, LLC v. Department of Transportation
2018 ME 83 (Supreme Judicial Court of Maine, 2018)
People v. Fortson
2018 COA 46 (Colorado Court of Appeals, 2018)
Norton v. Rocky Mountain Planned Parenthood, Inc
2016 COA 3 (Colorado Court of Appeals, 2016)
People v. Montgomery
2014 COA 166 (Colorado Court of Appeals, 2014)
People v. Russell
2014 COA 21M (Colorado Court of Appeals, 2014)
People v. Fioco
2014 COA 22 (Colorado Court of Appeals, 2014)
State v. Cooper
301 P.3d 331 (Court of Appeals of Kansas, 2013)
People v. Gravina
2013 COA 22 (Colorado Court of Appeals, 2013)
People v. Allman
2012 COA 212 (Colorado Court of Appeals, 2012)
Giuliani v. Jefferson County Board of County Commissioners
2012 COA 190 (Colorado Court of Appeals, 2012)
People v. Munoz-Casteneda
2012 COA 109 (Colorado Court of Appeals, 2012)
Beinor v. Industrial Claim Appeals Office
262 P.3d 970 (Colorado Court of Appeals, 2011)
People v. Blue
253 P.3d 1273 (Colorado Court of Appeals, 2011)
Estate of Keenan v. Colorado State Bank
252 P.3d 539 (Colorado Court of Appeals, 2011)
People v. Padilla-Lopez
298 P.3d 967 (Colorado Court of Appeals, 2010)
No.
Colorado Attorney General Reports, 2009
People v. Clendenin
232 P.3d 210 (Colorado Court of Appeals, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
232 P.3d 210, 2009 Colo. App. LEXIS 1864, 2009 WL 3464306, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-clendenin-coloctapp-2009.