Posted: Aug 3, 2011 6:29 PM by Andy Koen
Updated: Aug 3, 2011 7:37 PM
A Colorado Springs man faces up to 12 years in prison for allegedly having too many pot plants in his house. Court documents say the police never found Bob Crouse's medical marijuana records and they believe he intended to sell the pot. But Crouse says he used the marijuana to make an oil as a cancer treatment.
The 63 year old says he was diagnosed with Leukemia four years ago and turned to medical marijuana in 2009 for relief from the pain.
Last year he heard about a product called Phoenix Tears, an oil made from marijuana hemp. The web site www.phoenixtears.com claims the tincture can has therapeutic qualities for cancer treatment.
Crouse couldn't legally buy it. So, he learned how to make the oil on his own but needed large volumes of marijuana to do so.
"The way they needed to produce the tears that took the pound, I found out, it would last you about a month," Crouse explained.
When Crouse was arrested on May 1, the police seized 55 marijuana plants and 6 pounds of refined marijuana from his home. The officers also say they didn't located valid marijuana records. But Crouse showed News First 5 a doctors note which he claims gives him permission to have up to 75 plants.
Under Colorado's medical marijuana amendment, each patient can have up to six plants. However, in 2009 a jury acquitted a Boulder man who was arrested for having too many pot plants. They determined that the language in Amendment 20 was too vague as it related to the volume of marijuana that is medically necessary.
We talked to the doctor who wrote the note for Crouse and he confirmed at one time that he did write prescriptions for the use of medical marijuana, but said he doesn't anymore.
Crouse is charged with cultivating 30 or more marijuana plants and possession with intent to distribute. Both are Class 4 felonies and carry a sentence range of 2-6 years each.
Crouse knows he doesn't have long to live and is most frustrated by the fact that he can no longer use marijuana.
"It's insane, I'm dying" Crouse said. "I've got a medicine that helps me and good old Uncle Sam will make sure I don't have access to it."