Spokane7
65°
April 13, 2011 in City
Pot dispensary owner sentenced
Shupe’s six-month term, which the judge deferred, is lowest possible punishment
Spokane medical marijuana dealer Scott Q. Shupe will avoid prison on drug-trafficking charges, at least for now.
“In this case it was clear you didn’t intend to break the law, which is in a state of flux as we speak,” Spokane County Superior Court Judge Tari Eitzen said during a Tuesday sentencing hearing. “But the jury found you guilty. That’s what I’m stuck with.”
Eitzen imposed the lowest possible jail term under the state’s standard sentencing guidelines, which is six months given Shupe’s criminal history, but then delayed the punishment if Shupe appeals and comes up with a $5,000 bond. He also was ordered to avoid selling drugs to anyone.
“I think it’s funny that he may be the only person convicted for a dispensary, which may be legal in a week,” said defense attorney Frank Cikutovich, referring to efforts in Olympia to clarify the state’s voter-approved medical marijuana law. “I think it was a complete waste of resources as far as the county is concerned.”
Shupe, 56, argued during last month’s trial that the state’s medical marijuana law enables dispensaries to supply doctor-approved marijuana patients, provided they serve just one patient at a time.
Deputy Spokane County Prosecutor Teresa Border disputed that interpretation, arguing that the medical marijuana law, approved overwhelmingly by voters in 1998, makes no provisions for commercial dispensaries. Jurors agreed with the prosecution.
“I had no intention of breaking the law,” said Shupe, who has one felony drug conviction and has a case pending in Oregon. “I wanted to be the best dispensary on the planet. I still don’t see that I did anything wrong.”
The case was watched closely by authorities and dispensary operators alike, with both sides hoping that the jury would provide guidance for what many argue is a confusing state law.
Outside the courthouse, about two dozen marijuana advocates spent the afternoon protesting Spokane’s crackdown on medical pot dispensaries. Shupe – who has a doctor-issued medical marijuana card – joined them and smoked some marijuana before heading to court.
Shupe blames what he calls the “military industrial complex” for keeping marijuana illegal, saying military officials are afraid no one will fight wars if marijuana is legal.
Protester Dennis Whited attended Shupe’s sentencing. Whited owns a dispensary called Medical Herb Providers. He began using medical marijuana after losing his leg in a motorcycle accident nearly two years ago.
He said he has no plans to close his dispensary but has been ordered out of his rental property on Freya Street after his landlord was warned by federal authorities about possible prosecution. He said he’ll find a new building or will become a mobile dispensary.
“I don’t know what I’m going to do,” Whited said.
Meanwhile, in Olympia, state lawmakers are attempting to provide greater clarity in the law. A proposal to regulate pot farms and medical marijuana dispensaries has cleared each legislative chamber, but backers are still trying to iron out minor differences in each version.
Without the legislative guidance, communities have taken different approaches to enforcement. Seattle-area police and prosecutors, for example, have made enforcement of medical marijuana their lowest priority and have let dispensaries operate openly without interference.
Cikutovich, Shupe’s defense attorney, said his client sold marijuana only to doctor-approved medicinal users. Cikutovich said Shupe routinely kicked out patrons who tried to buy pot without proper authorization.
Cikutovich asked Eitzen for an exceptionally light sentence given the ambiguity of the law. “The law was written terribly in 1998 and Mr. Shupe is suffering because of it.”
Eitzen said she did what she could. She said she respects the decision of the jury.
“I have such great respect for juries. I’m not saying they made a mistake,” she said. “There is no solution I like, but I’m bound to follow the law.”
1992 murder trial begins against sex offender 
Ed Byrnes on April 13 at 9:11 a.m.
Marijuana policy is absolutely about greed and money…far reaching money: The seizure and forfeiture money that law enforcement gets; The correctional-industrial complex and all of the money to be made through incarcerating people; The coerced “treatment” industry and all the money that programs, which are often untested, get…The big bummer is that people go to jail for cannabis which disrupts families and communities for what is a benign private behavior.
John_Fever_Richmond on April 13 at 9:26 a.m.
Good thing that marijuana sales have been pushed back into the black market. This is exactly the type of situation I need to introduce people to meth. I mean with mm sold out of the dispensaries, it takes away my opportunity to cross-sell the REAL DANGEROUS drugs like meth and coke!!! Thank you Spokane County AND the federal government!!! I’d love to sit here and blog all day, but I’ve drugs to sell!!!
D Statler on April 13 at 9:31 a.m.
I agree totally Ed. I find it interesting that Judge Eitzen swayed to the lower end of the sentencing guidlines on this issue.She must have rolled up a fatty before court this particular morning. :^) This is about money,greed and a lack of accountability in the prosecutors office for our tax dollars.Morality and legality seem to have parted ways at the intersection of the high road and the low roads. Lets try to spend our tax dollars on educating our kids instead of incarcerating them.Maybe the pharmaseutical companies could be prosecuted for manufacturing the really danderous drugs effecting our society and children today. NUDGE NUDGE!!