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Trial underway for Palisade peach grower and 9/11 truther who's accused of illegally growing pot

The trial of David Cox is underway on the Western Slope.

MESA COUNTY, Colo. — A Palisade peach grower and known 9/11 conspiracy theorist is now on trial for an alleged illegal marijuana grow, but David Cox has claimed he was producing marijuana’s legal cousin, hemp.

Cox’s trial began in Mesa County, Colo. on Monday, almost two years after he was charged with possession of marijuana with intent to manufacture or distribute.

Jury selection has concluded, and prosecutors have begun presenting evidence.

The arrest affidavit said that officers from Palisade Police Department visited Cox’s home in October 2017 to execute a search warrant along with Mesa County Sheriff’s Office deputies and the Mesa County Drug Task Force.

The affidavit said law enforcement found a butane hash oil operation (butane hash oil being a concentrated cannabis extract that’s made by using butane as a solvent) in a warehouse on the property. There were marijuana plants hanging out to dry on an awning near the warehouse, Palisade Police said.

Law enforcement also found marijuana plants in Cox’s backyard, according to the affidavit. Palisade Police said they found others in the basement along with trays of seeds.

Marijuana was growing in Cox’s orchard, as well, the affidavit said.

Cox, a one-time Congressional candidate who also made a run for the state legislature, is the man behind Palisade Produce. Messages are printed on his fruit boxes that say the 9/11 terrorist attack was an inside job. He writes that evidence has been suppressed, and the people who buy his peaches should educate themselves.

RELATED: These Palisade peaches come with a message: 9/11 was an inside job

“This is something that is costing me [business] dearly, but it’s something I believe wholeheartedly in,” he told Next with Kyle Clark in 2018.

He added then that he thought these marijuana charges were government retribution for his trutherism.

Cox, 38, said the plants on his property were legal hemp and not illegal marijuana, according to documents from the Colorado Supreme Court. Cox asked the court to review the case last year, and justices found law enforcement did have probable cause to search the property.

Cox was registered with the state as a hemp grower, per the Grand Junction Sentinel's reporting.

RELATED: How Colorado's keeping up with the hemp industry

Hemp and marijuana emit the same scent, but legally, hemp can have just .3% or less of THC, the component in marijuana that makes users high.

Another Coloradan recently fought a separate hemp versus marijuana legal battle. Andrew Ross was working as a security guard for a shipment across state lines when he was stopped in Oklahoma. Police believed the product was marijuana, but he said he was transporting hemp. Charges were dropped earlier this month.

RELATED: Charges are expected to be dropped against man accused of drug trafficking

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