Spokane7
65°
July 20, 2011 in City
Grand jury indicts Spokane medical marijuana dispensers
Charles Wright, operator of the marijuana dispensary the THC Pharmacy, gives a quick thumbs up to chanting cannabis activists outside his store during a raid by the Drug Enforcement Administration on April 28. Wright was indicted by a grand jury on drug charges July 20.
(Full-size photo)
The owners of two medical marijuana dispensaries in Spokane have been indicted by a federal grand jury.
Charles Wesley Wright and Jon Richard Vivian, owners of the THC Pharmacy on South Perry Street, and Jerry Wayne Laberdee and Dennis Lewis Whited, owners of Medical Herb Providers, face time in federal prison under multi-count indictments filed today in U.S. District Court.
The charges are the latest in an escalating effort by federal authorities to rein in marijuana sales in states where voters have approved its medical use.
“I think I’m more shocked than surprised,” Spokane lawyer Frank Cikutovich, who specializes in marijuana cases.
Federal authorities warned medical marijuana providers in the Spokane area in early April that they planned to enforce federal drug laws if the shops did not close immediately. Dispensaries across the county, including THC Pharmacy and Medical Herb Providers, were raided three weeks later.
The raids, Cikutovich said, “solved the problem…that one big weekend got rid of all the dispensaries and sent a message to everyone…I just don’t see the need to put more people in prison for 5, 10, 15 years for producing medicine.”
None of the suspects, who have not been arrested, could be reached for comment. Cikutovich is not officially working on any of the cases but has stayed in regular contact with members of the medical marijuana community.
“They’ve all just been laying low hoping this day wouldn’t come,” Cikutovich said.
Cikutovich said the cases will be difficult to defend because dispensers were operating in the open under the assumption federal authorities weren’t interested.
U.S. Attorney General Eric Holder has said federal authorities won’t prosecute medical marijuana cases that are complying with state law, but Washington’s medical marijuana law is ambiguous about dispensaries, and an effort to clarify it in the state Legislature was vetoed by Gov. Chris Gregoire because of concerns that state employees could be prosecuted under federal drug laws.
Meanwhile, dozens of dispensaries began operating in the Spokane area, some near busy intersections and with heavy advertising.
“It’s going to be difficult to have a defense when they were openly doing it,” Cikutovich said. “Somebody’s got to get creative with it to save their butts on this one.”
Assistant U.S. Attorney Tom Rice, spokesman for the U.S. Attorney’s Office, declined comment.
Also indicted on Wednesday was Russell Thomas Blake, who is accused of growing more than 100 marijuana plants at his property at 3942 F. Garden Spot Road near Loon Lake. Federal authorities searched the property on April 28. Blake also is charged with distribution of marijuana and possession with intent to distribute marijuana for incidents on April 20 and April 21.
Blake also is charged with maintaining a drug-involved premise, which carries up to 20 years in prison.
Wright and Vivian face the same penalty if found guilty of maintaining a drug-involved premise near a school. THC Pharmacy was located at 1108 S. Perry St. - which is less than 1,000 feet from Grant Elementary School.
Wright and Vivian are also charged with distribution of marijuana near a school, possession with intent to distribute marijuana near a school, manufacture of marijuana near a school. Each charge carries not less than a year and no more than 10 years.
Laberdee and Whited, who has said he began using medical marijuana after losing his leg in a crash in 2009, are charged with distribution of marijuana, which carries up to five yeas in prison; manufacture of marijuana, which carries five to 40 years; and maintaining a drug-involved premise.
The five defendants also face a forfeiture charge that calls for them to forfeit any property or proceeds derived from their illegal operations.
Cikutovich said the penalties could increase once federal authorities calculate the amount of marijuana allegedly sold and possessed.
He expects federal officials to use business records seized from the dispensaries to quantify how much marijuana was sold.
“The businesses were trying to be as professional as possible and keep records. Unfortunately those records are now being used as exhibit A,” Cikutovich said. “They basically collected evidence for the government to go in and take.”
Human trafficking suspects released 
SugarShane on July 20 at 4:51 p.m.
Here we go again, waste more funds fighting what voters approved. Where is the Tea Party on this or the AG asserting states rights? Funny how silent they get when things they claim to support aren’t in line with their political agenda.
Charges will be dropped but not until after considerable taxpayer investment.
D Statler on July 20 at 5:28 p.m.
The Feds need the confiscated property to sell to help finance the national debt. I am surprised that Spokane’s own drug task force didn’t shoot it out with the Feds for the BOOTY. Spokane’s drug task force has been scooping up property left and right. They were caught two years ago misapropriating the funds.That whole story was published in the Review than burried soon afterwards. These LEO’s could care less about who is smoking weed. They just want the drug money and confiscated property. One would think the FEDs and LEOs would have more important things to do with their time. The will of the people in Washington obviously doesn’t matter.
D Statler on July 20 at 5:33 p.m.
http://www.spokesman.com/stories/2009/feb/12/spokane-police-deposited-millions-into/
brentandrews on July 20 at 5:34 p.m.
Boooo! Boooooo! The U.S. attorneys must work for the Mexican Mafia - which will now have to provide pot for Spo, too. President Obama lied to us, or these far-away U.S. attorneys are rogue agents. It’s one, or the other. At any rate no U.S. attorney can stop the flow of drugs to the people. This U.S. attorney is impotent, like all the others. We want our drugs and will have them. Waste all the money you want fighting us. The next generation is coming along nicely. They’re going to break you. The U.S. attorney is leading the government in a war it will never win.
My feeling is the Spokane DEA is the biggest drug dealer in the region, and so the U.S. attorney doesn’t want any competition. If you can go to a pot store, you don’t have to get tricked into buying your marijuana from the DEA - which sells marijuana, and lots of it. Without customers to trick the DEA can’t steal assets and money and keep paying its agents the big bucks. It’s simple economics. The U.S. attorney has to make sure his crew is paid. Tonight they’ll go over to the University of Idaho and find some kid to buy a pound and keep both the pound and his $2500. Or more. They will pass him off to the ignorant locals to milk, then, and the judges and probation officers will be happy to do it. If these guys kill democracy while they’re at it, hey, they don’t care. If the people pass marijuana into law, they will just pretend they work for someone else’s people. Every DEA agent in Washington should hear from his neighbors tomorrow. The DEA is making its living on marijuana, legalized marijuana, while the pill epidemic goes out of control. It’s because DEA agents are afraid of their own shadows. They dare not take on the real criminals.
Don’t even think the Republicans believe in states’ rights. That is a lie. Their silence on this single issue proves it. The Republicans believe in states’ rights so long as they line up with nationalist propaganda, so long as the war trains run on time. We must hope the Republicans nominate Mitt Romney, a sure loser, and that President Obama will clean out the District of Eastern Washington as soon as he can get to it. My feeling is, he probably has this U.S. attorney’s number and already knows who the replacement will be.
The solution to winning this war against rogue elements of the federal government is to learn to grow your own marijuana at home. Get good seed stock and start growing. Three months makes a crop. Google YouTube Green Guy Grow Marijuana and the Green Guy will show you how. It’s so easy. The Green Guy shows you how to grow a quarter pound of “dank marijuana” every three months. His fascinating video, “How To Grow Green,” begins here: http://www.youtube.com/watch?v=YuOTnI34vCc
Not everyone can live like the Green Guy. For those who cannot, don’t worry, the Mexican Mafia will step into the gap and provide the drugs that the people will have one way or the other, and if it means a bloody trail getting there, we can lay those bodies at the feet of our friendly neighborhood fed and his boss, President Obama.
“This war is over, if you want it.” - Eric Schlosser, Reefer Madness
D Statler on July 20 at 5:35 p.m.
http://www.spokesman.com/stories/2009/feb/11/auditor-spd-spent-millions-without-oversight/
flutieflakes on July 20 at 5:42 p.m.
Screw college loans. Just sell weed. The government is creating a market exclusively for you, as the demand is there, yet it is left to individuals working solo under-the-table to cater to that market.
Regardless of the law, people are going to want to get high. Low barriers to entry, a huge market with easily-accessible demand. The perfect opportunity for a gutsy entrepreneur.
D Statler on July 20 at 5:44 p.m.
It is interesting how these big drug companies can produce OXYCONTIN and other synthetic drugs that are so much worse than weed and our government looks the other way. The damage these legal drugs are doing to our society is far worse than weed.I don’t think these weed dispensaries on every corner were the intentions of the voters either. The weed should have been made available at any local drug store or grown by the patients.
brentandrews on July 20 at 5:45 p.m.
Undooly, you raise an interesting story (and I have no doubt you were erroneously prosecuted, if it had anything to do with drugs). The drug fund is a big pile of blood money, all of them are. It’s gonna get bloodier as the Mexican Mafia is practically unstoppable, thanks to U.S. attorneys like this who have beaten down the local growers (and thanks in no small part to the media that covers each battle in the war on drugs as an isolated incident, rarely recognizing it for what it is: class war, and a power play by the cops). The war is almost over. We will have legal marijuana soon and the end of the pill problem is as easy as an indictment of Pfizer and Merck for burying America in pills. Meanwhile the DEA is going to steal everything it can get its hands on. It’s one last go at the cookie jar for these guys and if they don’t know it, they should. The end is nigh, for the senseless war on drugs.
force_vector on July 20 at 6:12 p.m.
Yes! Do what flutieflakes recommends and avoid going to college to deal drugs instead. In fact, if you were saving for your kids college, STOP! Cash that account out and buy you some weed. This country needs more more potheads, not graduates. Don’t let us down.
westerly on July 20 at 6:24 p.m.
what a waste of energy…..20 years for pot…..killers get 1 year..we need a revolution in this country..pitchforks and millions marching!!
rosehips on July 20 at 6:27 p.m.
Bring it on. We should mobilize as many folks as we can to these trials. We can not let these people be convicted. It will be not be good for the Obama administration if these folks are prosecuted.
hawken on July 20 at 6:35 p.m.
Medical marijuana one the second biggest farce to Obamacare.
So called, medical marijuana is a ruse.
lewis8457 on July 20 at 6:36 p.m.
who wants to bet these trials will be taken care of promptly while the fed sits on the Otto Zehm case for years.
I know of several people with medicial certification that recently have been raided by Spokane police so the SPD is doing their part in wasting money too.
force_vector on July 20 at 6:37 p.m.
“It will be not be good for the Obama administration if these folks are prosecuted.”
Really? How so? Do you really think Obama cares that a few people “mobilized” to the trial of drug dealers in Spokane? I think that these “forums” give people a false sense of empowerment. Obama doesn’t give a rats a$$ about these indictments, or the loss of a few “mobilized” individuals in Spokane. I mean, really? You really think that? Educate yourself as to how people are elected in national campaigns and you’ll realize that you have no power at all. Keep dreaming though.
lewis8457 on July 20 at 6:38 p.m.
I asked my doctor for medical marijuana for pain he said he doesn’t remove pain it just helps you forget it.
force_vector on July 20 at 6:52 p.m.
here are some words from Hawkens post in no particular order: when hot oral stimulates the heart rate, inhale more deeply and smoke 20 cigarettes.
Just sayin’
Albert on July 20 at 7:11 p.m.
Good evening all. I have some questions please: Is the DOJ, and these actions, controlled by the U.S. Attorney General? If so, then Mr. Holder “seems” to be calling the shots on these aggressive and expensive enforcement moves. If this is the case, why are these aggressive actions taking place on a simple plant that virtually anyone can grow and has been utilized by “average folk” since the 60’s? I would like a LOGICAL response please without the political graffiti that makes very little sense. What is behind this “selective” enforcement of a silly plant, when the U.S. is facing a multitude of major threats? Just curious.
mikeln on July 20 at 7:15 p.m.
Our government refuses to admit it has been wrong, look at hanford. This war on drugs is a war against the people of america and has caused more harm then it ever prevented. The cost in lives and treasure is insane. It’s time for our government to admit it’s mistake and stop this war on american citizens.
force_vector on July 20 at 7:22 p.m.
Indeed, mikeln. So, should Mexico also stop its war on its citizens? Or just let the drug dealers have free reign?
liberal_in_right_wing_land on July 20 at 7:29 p.m.
What a joke the police and feds are in this area. In Seattle they just passed new rules regulating these dispensaries within the state law allowing them to stay open, pay taxes and not be arrested and threatened with jail time.
Last time I checked Spokane was still part of Washington State, why are there one set of rules for Seattle and then the Feds are enforcing another set of rules in Spokane.
Also, do love how Spokane cannot investigate home robberies and invasions, but they seem to have enough money for this? STOP WASTING WHAT LITTLE MONEY WE HAVE LEFT YOU DUMB A-HOLES!!!! The city bitches and complains how little money it has and then passes on a HUGE chance to add a little money to the empty coffers. DUMB, DUMB, DUMB.
http://seattletimes.nwsource.com/html/localnews/2015652681_marijuana19m.html
force_vector on July 20 at 7:33 p.m.
uh, liberal, as a liberal, I figured you would have heard about the Supremacy Clause…
misjustice on July 20 at 8:26 p.m.
@ Albert
It’s all about the Benjamins…and it truly is that simple; money.
The cops/feds can take all of your stuff if you are convicted of a drug felony; your house, car, bank account, and even your kids.
Hell, you can murder someone (a far worse crime in my mind) but get to keep all of your stuff; your house, car, bank account, and even your kids.
Keep it lit, folks!
Just don’t partake and drive afterwards!
; )
liberal_in_right_wing_land on July 20 at 8:27 p.m.
Oh Mr. Force, yes, unlike most from the conservative right, I do know how my government works, but good job missing my point, but since I guess I have to put things very specifically for you righties to understand here you go…..
Why are the Feds not going after and arresting the medical marijuana dispensary owners in Seattle and instead letting them stay open? If the federal law reigns above all (obviously, right forcey-poo?) why are Feds not shutting down and arresting and prosecuting those owners? Is it because Seattle is a liberal haven, while Spokane and Eastern Washington is a conservative hole where the Feds acts like its still the refer madness era or that were still some wild west town? Is it because they don’t have a federal prosecutor in Seattle seeking to make a name for himself and make a career move like the one in Spokane? Is it because they are paying taxes to the city and state?
Dazzeetrader11 on July 20 at 8:45 p.m.
No drugs for YOU!!! None!!!….You libs need no help in being sloooooooooooooow. Dimwits we don’t need. Look at what drugs did for Obama.
karl2002 on July 20 at 8:53 p.m.
I think that it is time for our state’s Attorney General to step up and defend the laws of our state against interference from the federal government. We have the right to determine the laws in our state when they are in conflict with federal statutes, and the commerce clause is not a viable argument in this case.
Or perhaps we need to hire someone more knowledgeable to draft our medical marijuana laws.
I dare anyone who reads this article to call their state rep and let them know how pissed off you are that this is happening.
karl2002 on July 20 at 8:54 p.m.
Really, do we need Hawken and Dazee to always comment on every article? Can we get a limit on any one user’s input per day?
liberal_in_right_wing_land on July 20 at 8:56 p.m.
hey dumbdazzee, look what alcohol and drugs (cocaine) did to your boy Bush.
Rather my presidents smoke something natural that grows from the earth over some chemical crap like your boy did.
Maybe if some of you tea bagging idiots on the right smoked a bowl or two you guys wouldn’t hate everyone not white, religious and straight and hate everything you don’t agree with or just don’t understand.
liberal_in_right_wing_land on July 20 at 9:08 p.m.
To expand on karl2002 point about contacting your state representative cause thats a good idea if you are really mad about this -
Lisa Brown - Local # (509) 456-2760 or her Olympia office (360) 786-7604
Andy Billig - (509) 209-2427 or Olympia office (360) 786-7888
Timm Ormsby - (509) 458-2122 or Olympia office (360) 786-7946
Michael Baumgartner - (360) 786-7610
Kevin Parker - (509) 455-7225 or Olympia office (360) 786-7922
John Ahern - (509) 467-8980 or Olympia Office (360) 786-7962
ENJOY!!!!!!
PlanB on July 20 at 9:29 p.m.
lib, too many of those people on your list support legislating their version of morality. It’s pointless.
D Statler on July 20 at 9:37 p.m.
@brentandrews, My son,nephew and one of their friends were illegally prosecuted on the uncorraberated testimony of a snitch for an armed home invasion robbery. One of the kids that did the robberies came forward and told prosecutors our kids were not involved.He also later testified that he and the snitch conspired while housed together at Spokane County to frame our kids. Then after hearing all this.Prosecutors would not grant a new trial or fix this gross injustice. We are still trying to get three innocent young men out of prison three years later. Three of the real perpetrators have already been released. :^( This is how undooly_prosecuted came to be friends.
The_Seer on July 20 at 9:41 p.m.
Brent: Good stuff. The lead prosecutor on this case, Tom Rice (a man I grew up with and went to school k-12 with) was recently nominated to the federal bench by Obama. The president is a liar and hasn’t kept his promise to respect state rights.
My sister just arrived with all sorts of medical herb from Seattle where the feds are leaving literally hundreds of dispensaries alone. Why is only Spokane being targeted is the big question, because I saw dispensaries in Tri Cities and Yakima recently as well?
The solution for people who need marijuana for medical use is to grow their own or have a person you designate grow for you. The feds aren’t going after us who do that. Yet.
The_Seer on July 20 at 9:48 p.m.
As I’ve posted previously, I strongly believe the Feds in Spokane are on the take from Mexican cartels, namely, The Sinaloan. The signs are all around and closing these dispensaries is just the icing on the cake. Obvious fronts for laundering the cartel proceeds are all over Eastern Washington and increasingly even in North Idaho. The Feds are either really, really, really, really, really, stupid, or on the take.
I wonder if Tom Rice would submit to a hair follicle drug test that goes all the way back to his teen years? I’m sure he remembers some of those keggers out by Turnbull where some Whacky Tobaccy was passed around. Don’t you, Tom?
hunternomore on July 20 at 10:06 p.m.
Hey “seer” what does an obvious front look like? Seriously?
gonzomo on July 20 at 10:23 p.m.
Hawken, even if medical marijuana is a “ruse”, so what. Shouldn’t an adult be able to smoke some pot in the confines of their own home? How is this not a freedom issue.
And let us remember that both alcohol and drug prohibition were PROGRESSIVE ideas. Marijuana and a whole bunch of other drug were legal in the US until 1937. Nixon and the dems in congress upped the ante in 1970. We have not had any meaningful federal drug reform in 40 years.
The main problem for the AG and the legislature in WA is a case called GONZALES V. RAICH from 2005. In it the court ruled that the feds could enforce any marijuana laws anywhere regardless of state law. While I agree that this action, just like the Obamacare law, violates many provisions in the Constitution, the feds have the law on their side. Federal law needs to change.
The interesting thing about the Raich case is the majority was made up of the liberals on the court. The dissent (pro-pot) was made up of Oconner, Rehnquist, and Thomas. In fact, Justice Thomas, no hippie pinko, wrote the most pro-freedom defense of marijuana use ever written. It included the following quote:
“The majority prevents States like California from devising drug policies that they have concluded provide much-needed respite to the seriously ill. It does so without any serious inquiry into the necessity for federal regulation or the propriety of “displac[ing] state regulation in areas of traditional state concern. The majority’s rush to embrace federal power “is especially unfortunate given the importance of showing respect for the sovereign States that comprise our Federal Union.” Our federalist system, properly understood, allows California and a growing number of other States to decide for themselves how to safeguard the health and welfare of their citizens.”
and this:
“In the early days of the Republic, it would have been unthinkable that Congress could prohibit the local cultivation, possession, and consumption of marijuana.”
Here’s a link to Thomas’ dissent (you can find the other opinions as well):
http://www.law.cornell.edu/supct/html/03-1454.ZD1.html
toliveanddieinla on July 20 at 11:14 p.m.
id like to make an bust on the goverment they are hippercrits they need to be locked up for selling fake synthetic thc pills(fake thc)marinol,durbinol, if spelled right now good at spelling ,real thc pills are way better had them way better than dumb fake thc pills ,goverment is no better thet need to quit messing with pot and bust real criminals like baby killer caysee anthony and the fricking killers that get 1 year drunk drivers etc. over pot smokers p.s. you will never stop me from smoking so kiss off goverment and hawken get real you on these posts thinking you know everything well you dont know nothing
greenlibertarian on July 20 at 11:59 p.m.
Next to no signs of intelligent life here.
Signing off.
Out.
Byrdie714 on July 21 at 6:15 a.m.
RE: Dispensaries in Seattle.
The reasoning for going after Spokane instead of Seattle is because the Feds and DOJ are afraid of Seattlelites to the point that it may cause violence. Remember the WTO?
However—DOJ and the Feds don’t have a problem going after Spokanites and closing the dispensaries.
lewis8457 on July 21 at 7:50 a.m.
I want to see congress, the senate, president all of his cabinet, all police, all mayors, all government workers. All judges take a standard pee test. My buddy works at DSHS and he has never had to take a pee test.
I had to take one to clean toilets how is it the president of our country doesn’t? Or any of our police? Ozzie has never taken a drug test or Chief Kirkpatrick, I would like to see the city council president take one he is surely on something.
I bet if we started regulating them they would be screaming foul too well everyone but the cops they will just sue.