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TRINIDAD (AP) - A man who had a state permit to grow marijuana for medicinal purposes has been sentenced to six years in prison for growing 293 pot plants.
State law generally allow medical marijuana growers to have no more than 12 plants.
"If this was only about 6-12 plants in an apartment somewhere we wouldn't be here," District Attorney Frank Ruybalid said. "But we're talking about finding nearly 300 plants by someone who was involved with drugs long before he started growing them."
James Scruggs was sentenced Monday to prison and three years of mandatory parole.
Las Animas County sheriff's deputies found the plants last year on a 15-acre trailer-ranch Scruggs' father had given him north of Trinidad.
Scruggs, 33, contends he needs to smoke marijuana daily to ease symptoms of Crohn's disease and that he had to grow many plants to make up for ones dying amid drought conditions.
"I'm not a criminal. There is no one in this court room testifying against me. What is the harm I've done? If I go to prison, I won't be able to get the help I need for my disease," Scruggs said.
But Las Animas County District Judge George Newnam told Scruggs that when he involved two homeless Denver teenagers in his growing operation, "you went way over the top."
Newnam said the fact Scruggs grew nearly 300 plants indicated Scruggs intended to become a dealer and knew what he was doing.
Scruggs said he was only providing the teenagers a home. Ruybalid countered that the teens had 12 outstanding warrants between them and were seen watering marijuana plants.
Scruggs' mother and sister asked Newnam for leniency. Ruybalid countered that Scruggs had two previous convictions on a 1988 second-degree murder charge in Nevada and a reckless driving and eluding case that endangered his young daughter.
The Associated Press
Susan Wells
7/13/2004 7:57 AM MDT
(Copyright 2004 by The Associated Press. All Rights Reserved.)
State law generally allow medical marijuana growers to have no more than 12 plants.
"If this was only about 6-12 plants in an apartment somewhere we wouldn't be here," District Attorney Frank Ruybalid said. "But we're talking about finding nearly 300 plants by someone who was involved with drugs long before he started growing them."
James Scruggs was sentenced Monday to prison and three years of mandatory parole.
Las Animas County sheriff's deputies found the plants last year on a 15-acre trailer-ranch Scruggs' father had given him north of Trinidad.
Scruggs, 33, contends he needs to smoke marijuana daily to ease symptoms of Crohn's disease and that he had to grow many plants to make up for ones dying amid drought conditions.
"I'm not a criminal. There is no one in this court room testifying against me. What is the harm I've done? If I go to prison, I won't be able to get the help I need for my disease," Scruggs said.
But Las Animas County District Judge George Newnam told Scruggs that when he involved two homeless Denver teenagers in his growing operation, "you went way over the top."
Newnam said the fact Scruggs grew nearly 300 plants indicated Scruggs intended to become a dealer and knew what he was doing.
Scruggs said he was only providing the teenagers a home. Ruybalid countered that the teens had 12 outstanding warrants between them and were seen watering marijuana plants.
Scruggs' mother and sister asked Newnam for leniency. Ruybalid countered that Scruggs had two previous convictions on a 1988 second-degree murder charge in Nevada and a reckless driving and eluding case that endangered his young daughter.
The Associated Press
Susan Wells
7/13/2004 7:57 AM MDT
(Copyright 2004 by The Associated Press. All Rights Reserved.)
