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March 30, 2010 in Region
Western Wash. pot activist denied guns after shootout
Medical marijuana activist Steve Sarich, photographed in his Kirkland home Tuesday, March 16, 2010, has been barred from buying guns after a shootout with intruders earlier this month, even though he says he has no criminal record.
(Full-size photo)
SEATTLE — A medical marijuana activist who nearly killed an intruder in his home during a shootout this month has been barred from buying guns because he’s a pot patient, according to an e-mail sent Tuesday by authorities.
The e-mail from the King County Sheriff’s Office to Steve Sarich said his paperwork authorizing him to use and grow marijuana for medical reasons was enough to deny him the possession of weapons. A copy of the e-mail was obtained by the Associated Press.
Sarich, 59, said he tried to buy a shotgun and a pistol a few days after the March 15 shootout to replace ones seized by investigators. He said he has no criminal record but failed the background check because of federal laws prohibiting “unlawful users” of controlled substances from buying or otherwise receiving guns. Marijuana is illegal under federal law.
The e-mail written by records unit supervisor Ann Swartz said that when Sarich reported a previous burglary at his Kirkland home, he showed his medical marijuana-use paperwork to investigators. The Sheriff’s Office then forwarded the burglary report to the FBI’s National Instant Criminal Background Check System legal staff.
“They informed us that possession of a medical drug card is sufficient to establish an inference of current use,” Swartz wrote, “and therefore possession of firearms was prohibited.”
The prohibition on Sarich buying or having guns lasts for one year from the date of the police report, or Jan. 12, 2011. Swartz noted, however, that the date is likely to be extended until March 2011 because of this month’s shootout.
Five people were charged in the invasion of Sarich’s home in Kirkland, which is east of Seattle. Three pleaded not guilty Tuesday to burglary and attempted robbery charges, while the suspect shot by Sarich has undergone surgeries on his heart and lungs and had one of his legs amputated below the knee Monday, according to his lawyer.
Sarich suffered minor shotgun pellet wounds to his face and arm when one of the intruders fired at him.
Sarich runs CannaCare, an organization that claims 7,000 members in the state. It helps patients with legal advice, runs clinics where patients can meet with doctors who authorize marijuana use, provides patients with marijuana clones or starter plants and delivers about 50 patients a week with usable marijuana, he said.
The sheriff’s office insists he was making a handsome profit selling marijuana and starter plants and charging patients for attending the clinics. They are investigating him for potential violations of state’s medical marijuana law.
Rules allow patients up to 15 plants in any stage of growth and 24 ounces of dried bud, but they can have more if they demonstrate need. Investigators said they found 259 starter plants, 80 medium-size plants and 36 large plants at Sarich’s house.
Three years ago, Sarich’s Everett home was raided by state law enforcement officials who seized more than 1,000 plants. The case was referred to the U.S. attorney’s office, but no charges were filed.
Although the e-mail from Swartz said Sarich is barred from buying or possessing guns, Sarich said he borrowed one shortly after the shooting. He no longer has it, he said.
Investigators saw the weapon at his house but did not notify federal authorities because “they can enforce their own laws,” sheriff’s spokesman Sgt. John Urquhart said.
“We’re not denying him the ability to protect himself,” Urquhart said.
Sarich argued that his Second Amendment rights should not be dependent on whether he has friends with guns to spare. He threatened to sue the Sheriff’s Office over the failed background check and has already vowed to sue over the seizure of his plants and other items.
“So no medical marijuana patients can possess guns, ever?” Sarich said. “I wonder if I can get the NRA involved in this one. Wouldn’t that make an odd couple?”
© Copyright 2010 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Antsy toddler kicked off plane at Sea-Tac 
empyrius on March 30 at 6:50 p.m.
So a dude that has no criminal record, possesses a Washington State medical marijuana card; is then denied his 2nd Amendment by the feds b/c the feds deem Sarich an “unlawful user of a controlled substance”?!?
Remember everybody, marijuana is classified as a “schedule I” drug; meaning, it is really evil stuff. Marijuana is in the same category as mushrooms, LSD, ecstasy, among many other substances. http://www.justice.gov/dea/pubs/scheduling.html
To be classified as “schedule I” the following three requirements must be met:
1) The drug or other substance has a high potential for abuse.
2) The drug or other substance has no currently accepted medical use in treatment in the United States.
3) There is a lack of accepted safety for use of the drug or other substance under medical supervision.
http://en.wikipedia.org/wiki/Controlled_Substances_Act
To use a simple sports metaphor, three strikes and you are out! The feds are wrong on all three accounts! And there number one contention of “has a high potential for abuse” is the silliest unfounded assertion, and the “evidence” they use to make such an absurd assertion, simply insults ones’ intelligence!
I have read there argument, and I have destroyed their silly nonsense!
If you read this Sarich I have the complete refutation of the fed’s sitting right here on my puter’s desktop: we will make them look like complete idiots!
“Investigators saw the weapon at his house but did not notify federal authorities because “they can enforce their own laws,” sheriff’s spokesman Sgt. John Urquhart said.” Right on Sgt. Urquhart! A sheriff honoring state sovereignty! You are the man bro!
Remember this November everybody!
2010: The Year of Bud! Courtesy of the Evergreen State!
Amen
PhiltheBibliophil on March 30 at 7:00 p.m.
This is just WRONG!
spokanecommunistparty on March 30 at 7:33 p.m.
wooooo 420!!!
JBlim on March 30 at 7:50 p.m.
But it’s OK to be a drunkard with a gun, apparently. Everyone knows how mean and nasty people get when they’re high on marijuana.
Scoutster on March 30 at 8:23 p.m.
This is so clearly a violation of Constitutional rights, I would think both the NRA and the ACLU could agree to fight on this.
Empyrius…in the 10 y ears or so since med. mj was authorized by initiatives, I would imagine #2 of the Class I categorization has been challenged in the courts, hasn’t it? What was the outcome? Don’t most states (or at least a majority of the US population live in states that) authorize use of med mj? I don’t see how it could possibly meet the criteria any longer.
rpmarp on March 30 at 11:37 p.m.
Right on, “Empty”, but learn the difference between “there” and “their”. Also watch out for “they’re”.
terrymr on March 30 at 11:49 p.m.
This probably has more to do with the ongoing lunacy of the king county sheriffs dept than it does the feds.
empyrius on March 31 at 12:13 a.m.
I was trying to give you a “simple” reply Scoutster, and once I re-opened my material, well, I just keep refining, and refining, and, well; I am thinking about asking the Spokesman if I can write a series of articles that would thoroughly explain the fed’s argumentation, while I, of course, will refute every point!
Especially the “high potential for abuse” portion of their argumentation; they will be humbled on the profoundest of scales!
You are totally correct Paul. I did notice my misspelling after I posted. My bad bro.
Peace
mikeln on March 31 at 4:42 a.m.
It seems to me the feds are saying when you become ill you no longer have a right to protect yourself. Is this true for other medications?
Liberty_Bell on March 31 at 5:58 a.m.
You truly must wonder, who’s on drugs at the FBI?
How did Everett police officer Troy Meade get approval for ownership of a gun, charged with murder in connection with a fatal June shooting outside an Everett restaurant?
Of course then we have the DEA Officer, who just won a $3 million judgement against the CIA???
WHO’s on Drugs?
terrymr on March 31 at 9:02 a.m.
The important part is : “The Sheriff’s Office then forwarded the burglary report to the FBI’s National Instant Criminal Background Check System legal staff.”
The sheriffs office reported him to the feds as a drug user - the background check system is no better than the information that is put into it.
empyrius on March 31 at 12:13 p.m.
I hear that Liberty_Bell. I have been really trying to empathize with the difficulties LEOs face in their daily job; especially in light of the recent crazies they have to worry about; e.g., Clemmons, Hutaree, or even our local methed-up punk, but Meade is nothing but a cold-blooded murderer! “A fellow officer says he heard Meade say ‘Time to end this, enough is enough’ before firing seven shots into Meservey’s back”.
http://blogs.seattleweekly.com/dailyweekly/2009/10/everett_officer_troy_meade_cha.php
I have no problem with stopping a crazy drunk from driving his car, but seven shots in the back?!? That is murder!
“The background check system is no better than the information that is put into it”. You got that right Terry!
Peace