A Pueblo jury's verdict may have set a precedent when it comes to how many plants licensed caregivers and users of medical marijuana are allowed to grow. The exception to the rule comes with a doctor's note recommending the patient be allowed to exceed the limit based on medical need.

It all stems from the 2007 arrest of Tom Sexton. Sexton's property near Beulah was raided by the authorities and 128 marijuana plants were seized. At the time Sexton produced certificates stating he had the legal right to grow plants for several patients, all of them other legal medicinal users. But the number of people and the number of plants didn't add up, so he was charged with cultivating and possession of marijuana.

Fast forward to February 2010, Sexton's court case finally is put in front of a jury, and for a week the prosecution and defense argue their case. During the week the jury heard emotional and at times passionate stories of patients who used marijuana for medicinal purposes. The jury was then called in on Saturday (because the courts would be closed Monday for a holiday) to deliberate on the matter. Nearly eight hours later they returned with a verdict.

Sexton was found guilty of possession, but not guilty of cultivation. The defense says the verdict is a major victory. "This is a jury that really saw through the issues. And the message that they sent was, the government cannot interfere with patients and caregivers that are lawfully growing their medicine," says Sexton's lawyer Karl Tameler.

Tameler also says, the verdict gives licensed growers the freedom they've been looking for, "Patients and caregivers get to make the decision about what medicine to put into their bodies. If they decide to grow it, and if they decide to use this medicine, they get to decide (the patient does) how much you need. And that's a real important quantity, how much do you need."

Tameler says there are still gray areas of the constitutional amendment passed by the people, and that state lawmakers need to clarify those areas in order to protect licensed growers and users.

In a telephone interview Sexton expressed his gratitude for the not guilty verdict, but also his confusion on the guilty one. "It just doesn't make sense for it to be legal to grow it, but not possess it," says Sexton.

Sexton will be back in court next month for sentencing on his possession charge. According to his lawyer, Sexton has a clean record and should qualify for probation; which they will be fighting for. However, that does bring up other issues.

If they do secure probation, will Sexton be allowed to continue to use medical marijuana? It is often a condition of probation that no drugs or alcohol may be consumed by the person in question. However, some exceptions have been made in the past for people who need a prescription drug medicine. Additionally, some probationary offices in the state have made this exception for medical marijuana users while others have not. Ultimately, the judge has the power to make the final determination in this matter.

The second issue has to do with Sexton being convicted of crime related to medical marijuana. According to his lawyer, the department of health could decide to suspend Sexton's license to operate his dispensaries because of the conviction. Sexton is the owner of Medimar Ministries and has dispensaries in Denver and Pueblo.