Pot Trial Delayed

Mr. Branson has stated that a doctor advised him to smoke marijuana to relieve his nausea and side effects from the medicine he has to take to stay alive. It took awhile to find the doctor to testify; she's in South Africa fighting AIDS.

Brighton - The trial of an AIDS patient accused of flaunting Colorado's medical-marijuana law was delayed Wednesday because of the unavailability of a key defense witness.

The attorney for Jack Branson, 39, wants Dr. Cynthia Firnhaber to testify that she verbally recommended in 2002 that Branson use medical marijuana. The drug helps Branson deal with nausea and loss of appetite caused by HIV.

But attorney Robert Corry said Wednesday that it's nearly impossible for Firnhaber to come to Colorado since she is working in South Africa fighting AIDS.

"We looked for months, and we were finally able to locate her," Corry told Adams County District Judge C. Scott Crabtree. "It's quite a hardship."

Corry asked that Firnhaber be allowed to testify by telephone. Crabtree set a July 20 hearing to decide and scheduled a Aug. 27 jury trial.

Branson faces charges of cultivation of marijuana and possession of more than 8 ounces of marijuana, both felonies. The Denver Post