March 17, 2011 in City

Owners, law agencies disagree on legality of pot dispensaries

Meghann M. Cuniff The Spokesman-Review

Tags:Darren McCreadispensariesJohn Grassomarijuanamarijuana dispensariesMary Vernermedical marijuanaPaul Ellis

The King County prosecutor’s office, for example, does not prosecute dispensaries and, in at least one case, declined to charge a medical marijuana patient who was growing more plants than the 15 allowed by law. Puget Sound-area officials told state lawmakers earlier this year that they have more pressing priorities than raiding medical marijuana shops.

But in Spokane, things are different.

Police have raided several dispensaries, citing a narrow interpretation of the law that they argue prohibits anyone from supplying marijuana to more than one patient. Enforcement actions currently are on hold, though, until a Spokane jury decides whether to convict a dispensary operator on drug-trafficking charges or accept his broader interpretation of the statute and acquit him. A decision is expected this week.

Spokane Mayor Mary Verner said she’s concerned about the rise in dispensaries but said medical marijuana “is not a high priority for law enforcement” as they await clarification on the intent of the law.

“We’d much prefer to be executing the law after the law is clarified than to be executing the law when it’s in this muddled scenario right now,” she said. “We have a test case pending.”

But Grasso, who is in charge of the drug unit, said he feels the law is clear.

“They are absolutely, without a question, illegal,” Grasso said. “If the Legislature wants to change that, they’ve got the power to do that. But until they do, the dispensaries are operating illegally.”

Based on Grasso’s interpretation, felony drug charges were filed against two men who operated a dispensary on Northwest Boulevard in 2009. It is the first criminal case against a commercial dispensary in Washington state; the trial for one suspect, Scott Q. Shupe, is expected to end today.

Paul E. Ellis pleaded not guilty last month to drug charges related to a dispensary he operated across from the Washington State Patrol office in Spokane Valley.

Investigators learned of Ellis’ dispensary last summer after he invited WSP detectives to tour the shop and view the marijuana plants at his home.

The brazen act highlights the stark difference in how local authorities and pot advocates view the law. While police and prosecutors say the dispensaries are illegal, some advocates say they’re permitted under provisions allowing for designated care providers.

At least two other cases involving Spokane-area medical marijuana distributors also have been filed. In one, Darren J. McCrea was offered a plea bargain in which he received no jail time and agreed to let police keep $30,000 seized from his home. The other involves Shupe’s former business partner and unsuccessful Spokane City Council candidate Christopher P. Stevens, who was promised a reduced criminal charge in exchange for his testimony against Shupe.

“The prosecutor is alone on his opinion in this, and his opinion could cost the county a lot of money,” said Charles Wright, co-owner of the THC Pharmacy on South Perry Street. “If he wants to be the Darth Vader in this … go for it.”

Wright said he gets calls every day from people across the country wanting to know more about his business and looking for advice. He said writers for a national marijuana magazine recently visited several dispensaries in Spokane.

Wright’s dispensary opened about four months ago and operates as a co-op, selling dozens of strains of marijuana, as well as baked products like muffins and brownies. Everything is produced and owned by other patients, and customers receive a card explaining the medicinal value of the product they buy. Smith said his customer base of 717 patients – verified through doctor’s prescriptions – includes lawyers, doctors and other respected professionals. Larger dispensaries in town have as many as 8,000 patients, he said.

“We have families who depend on us,” Wright said. “These are intelligent, self-sustaining adults. They don’t come in here with their welfare checks.”

Although one of the Spokane Police Department’s top goals this year is to arrest 16 major drug dealers, Officer Jennifer DeRuwe said detectives are waiting for “a clear direction” from prosecutors before proceeding. But drug detectives still consistently seize marijuana grows and arrest suspected drug dealers, and Detective Larry Bowman said they are not trained to investigate dispensaries differently than other drug operations.

Spokane Valley police Chief Rick VanLeuven, who sat through much of the testimony at Shupe’s trial this week, said he’s “well aware” of several dispensaries operating in the city.

Legal arguments surrounding dispensaries have focused on ambiguity in the law, which allows someone to provide marijuana to one prescription holder “at any one time.”

Grasso said the “at any one time” argument is irrelevant. He said the law is written to allow marijuana production and possession “for the exclusive benefit of a qualifying patient. Nowhere does it allow for the sale of marijuana,” he said. “If the Legislature wanted dispensaries to be set up, they would have provided it.”

Although dispensary operators frequently argue that they’re providing a needed service for the sick and dying, Grasso said the medicinal value of marijuana doesn’t matter.

“It’s not a moral issue; it’s a legal issue,” he said of the decision to prosecute dispensary operators. “They operate illegally, and they’re all subject to prosecution.”

Staff writer Jonathan Brunt contributed to this report.

38 comments on this story so far. Add yours!

DavesnotHere on March 17 at 3:33 a.m.
The so-called “War On Drugs” isn’t a war on drugs, it’s a war on marijuana. And more specifically, it’s not a war on marijuana, it’s a war on stoners, on heads, on people that use reefer: YOU and ME - peaceful, job holding, tax paying, otherwise law abiding citizens.
“Booze is GOOD and reefer is BAD”: that’s the message that’s been pushed on Americans for the past several decades, and mainstream America has drunk the kool-aid.
It’s way past time for change.
http://partyseeking.blogspot.com/2011/03/war-on-drugs.html
TheRoyLarsen on March 17 at 6:11 a.m.
it would be my guess that the peaceful, job holding, tax paying, otherwise law abiding citizens are not the ones being arrested here. I think they are arresting those people who are manufacturing and distributing to more than what the law allows.
Once the War on Semantics is over, you can breathe easy.
Marksman on March 17 at 6:34 a.m.
If there was ever a reason for a communtiy forum on a local issue, this would be it! How about it Mayor, Chief, Sherriff, County Attorney, marijuana advocates?
Scoutster on March 17 at 6:34 a.m.
So, the police and prosecutors are awaiting the outcome of a single jury trial for a single operator to decide how to enforce this?
Does that sound like good public policy?
Have they asked for an Attorney General’s opinion? Or can’t they fast track it to the Supreme Court?
This seems a recipe for sloppy enforcement of law and confusion for both LE and the public. Can’t we do better than this?
gotriddabush on March 17 at 6:57 a.m.
Prohibition doesn’t work…Didn’t work for alcohol, doesn’t work for sex and even after trillions of dollars hasn’t worked for drugs. The funny thing is “small government” republicans are mostly the ones who advocate spending all this money to fight an un-winnable fight. Funny these same “small government” advocates also support illegal wars, how many trillions have we spent on them? How are they working out?
DHF on March 17 at 7:01 a.m.
After working in a Mental Hospital for many years an seeing first hand what acute drug abuse does, I think back and one thing comes to mind that most all of the ones that could relate with any degree of normalcy they all started on mariuana. The mental hospitals are loaded with brain necrosis individuals who could never again function in society. The thing is the taxpayer is paying for this. I find it ironic that some of these dispensaries have 8000 clients. Is there any one walking around in the greater Spokane area thats not loaded. The legislature needs to rule Legal or Illegal. I will continue to take my Aleve for arthritis and life will go on. No Mary J for this old boy. Have a nice trip.
JBlim on March 17 at 7:04 a.m.
My back hurts … I need an Rx
berrybestfarm on March 17 at 7:20 a.m.
Fast track this to the state supreme court so we can get on with more pressing problems. Prohibition is too costly.
Dennis Patterson—Deer Park
empyrius on March 17 at 7:35 a.m.
Paying 200 bucks (for my medical card) to smoke weed is the true crime, but the shop right on the corner of Maple and NW Boulevard has an excellent variety!
I have not visited the Hillyard (Market St.) shops yet, but I hear they are not too bad either; we’ll make it over there someday . . .
Evergreen baby Evergreen!
SugarShane on March 17 at 7:58 a.m.
Only users lose drugs! Just say NOW!
Orphan on March 17 at 8:06 a.m.
gotriddabush I am a small goverment person but not a Repuplican. I think Pot should be legal, sell it and tax it, use the existing liquor stores to dispence it.
As far as the wars go we need to either have a war or simply not go there. We need to quit trying to be the worlds police.
Your paint brush is way too big BTW.
D Statler on March 17 at 8:22 a.m.
Police let them off for the $30,000 they stole from their home?? This stinks of the drug task force’s interest in this issue. We could lay off a hundred officers if we legalize this junk!
eagleproducer on March 17 at 8:22 a.m.
DHF: You can’t blame marijuana for people who end up with drug induced insanity. First of all, the issue with most of “those people” is mental health related and the drug use is a symptom, not a cause.
Orphan: How is it “small government” to create another agency to control and monitor adult access to something people can grow and trade/barter/sell among ourselves? I don’t want the government involved in weed at all. Just legalize it and get out of the way. The black market has done a great job, despite the hundreds of billions spent trying to diminish pot use. Weed has stayed consistently at about the same price (for high quality) for the last thirty years while significantly increasing in potency.
empyrius: Try the one on Freya just north of Sprague. It’s under the one of those “Dream Center” billboards! Great variety, great quality and you can spend as little as five bucks. Plus they have a sweet volcano in a back room where you get to sample some “house blend!”
eagleproducer on March 17 at 8:28 a.m.
gotridabush: Nice comments, but I’d like to push them a bit further. The GOP or any party goes along with this failure because they don’t want to be labeled “soft on crime” or have a Willie Horton moment. In addition the war on drugs is a big part of local law enforcement funding, so the LEO unions are big time behind it and want the people they endorse for office to be behind it as well. It’s a slop-fest of pork. At one point in the last decade, the fastest growing industry in the U.S. was private prison construction. See what I mean? The War on Drugs, just like the Military/Industrial complex, is a huge part of the economy, and it is mostly just a huge waste of resources, both human and capital.
schoes4 on March 17 at 8:32 a.m.
Think about the money that could be realized. Let the people out of prison, no more enforcement, tax it like booze. Growers paying taxes and hiring workers that buy things and pay taxes. Goodbye budget problems.
empyrius on March 17 at 8:57 a.m.
Yea eagleproducer I have a friend that goes to that shop on Freya and he always comes out with some pretty good medicine: nice!
What we need is a weed shop for the NW side of town. Right on Garland between Monroe and Wall: does the milk bottle do the milkshake thing still? See, we set up the marijuana shop, we already have that cigarette shop selling bongs, we open a quality sandwich and taco eatery on one side, have the milk bottle selling ice cream and shakes across the street, have a few little eclectic oddball shops (already there I think), open a bookstore to compete with Annie,s, have the nasty bar serving alcohol nearby, and we have the Garland theater.
We’ll put the Garland “business” district back on the map.
Best of all we can re-introduce the weekend midnight viewings of the Rocky Horror Pictur Show! We can get baked, errr, I mean, take our medicine, dress up as the pictures characters (I get to be “the monster” (gonna have to start doing me some chin-ups!!!!), you know, the buff blond dude that sacks, well tanks actually, the vivacious Susan Sarandon).
O yea! Make mine Marvel! Odinson soon cometh to a theater near you.
Evergreen
Orphan on March 17 at 9:17 a.m.
Eagleproducer I only want to collect the sales tax on the pot just like every other product out there.
Where did I suggest a new agancy, I believe I suggested we use an exhisting agency the liquor stores. The capacity is there, the facility is there, not much to spend to set the whole thing up and it would produce I believe a large tax income for the state. Washington tourisim would increase as well. I dont see a down fall to legalizing pot.
I dont want the goverment involved in my life at all. I would settle for a 50% reduction at this point in time.
stopthewhining on March 17 at 9:21 a.m.
Well said DHF. Agree 100%
kennyhuston on March 17 at 9:35 a.m.
Eagleproducer has hit the nail on the head - IT’S ALL ABOUT $$$$$$$$$$!!! The only problem being is that it’s $ not going back to the public via taxing from sales - it’s all the $$$ being poured into the losing war on drugs, (LE). The times they are a changin’ !!!
andjusticeforall on March 17 at 9:44 a.m.
DHF: I hope your spleen falls out of your bellybutton from all that Aleve you take…i’d rather stick with something more natural grown in the ground with good ole dirt water & sun
Elkay on March 17 at 10:28 a.m.
Interesting thread.
When my husband had cancer 22 years ago, I asked his nurse about marijuana. He totally lost his appetite from chemo and radiation. She told me the ‘pharmaceutically manufactured’ (phony) stuff would NOT do the job that the natural stuff did.
As it was “illegal”, he wouldn’t take it anyway … and suffered enormously. At the end he weighed under 100 lbs.
I guess my attitude has changed significantly towards the use of medical or recreational MJ. But it has not, where kids and teenagers are concerned; I believe their brains are not developed enough to cope with it.
Besides, rum and coke is enough for me! lol
empyrius on March 17 at 11:07 a.m.
Sorry your husband had to unnecessarily suffer Elkay.
We are on the same page though, you should be able to legally consume your drug, rum, just as I should be able to legally smoke a joint.
And anybody that gives drugs to teenagers, e.g., alcohol, tobacco, marijuana, should be in jail.
If I found somebody giving my son alcohol he/she would not make it to the jailhouse; but after I force-fed that nasty toxin to the perpetrator he-she would probably need medical attention . . .
DickAdams on March 17 at 11:11 a.m.
I know first hand from my experience, before my dear sister died of cancer, the only relief from her chemo treatments was marijuana (not the smoking kind). No question in my mind marijuana for true medical reasons, smoked or pills, should be allowed.
MrNatural on March 17 at 11:44 a.m.
I see this issue confronting established industry driven interests. Law enforcement, Legal and the penal system not to mention certain private businesses have made a living off of keeping marijuana illegal. It will be hard for them to divest from this as it is a cash cow…Looking at the issue objectively there is much to support medical marijuana as a viable and effective treatment…looking at the concerns over the effects of impairment to children and workplace hazards are just as credible. Recreationally it seems hypocritical to demonize marijuana while alcohol is allowed. It is time for an honest discussion and reevaluation to implement a practical and sensible approach to this substance.
BTW…anyone find it funny that the prosecutor voicing opposition to these clinics is named “Grasso”
Elkay on March 17 at 11:53 a.m.
Mr. Natural,
I caught that “Grass-o” connection, too … hysterical!
Verbal on March 17 at 1:04 p.m.
Does anyone know how much the SPD made off of drug seizures last year? Marijuana busts, specifically?
eagleproducer on March 17 at 1:11 p.m.
One has to love the logic behind Medical Marijuana laws and the existing prohibition for everyone else. If you are on your death bed from cancer, weed is good for you, but if you are robust, healthy, and in the prime of your life, weed is destructive.
Ed Byrnes on March 17 at 1:31 p.m.
From this article: “Law enforcement attitudes toward the dispensaries differ across the state, in part because the state’s medical marijuana law is open to multiple interpretations.”
SB 5073, which adds clarity to medical cannabis policy in Washington, passed with a final vote of 29 – 20. This also moves individuals out of their status of having an “affirmative defense” to being free of LE harassment.
House Bill 1550, to legalize and tax cannabis and have distribution controlled though liquor outlets never made it to a full Legislature debate. Chris Hurst, Chair of the Public Safety and Emergency Preparedness committee has deep ties to LE so the committee blockade of a full legislative debate is no surprise.
One alleged rationale for this speaks directly to a states’ rights issue, as quoted by one of our local legislators: “On June 6, 2005, the Supreme Court ruled in Gonzales V. Raich that Congress may ban the use of cannabis even where states approve its use for medicinal purposes. Unless the Food and Drug Administration reverses its position or there is an act of Congress marijuana will still be considered a controlled substance despite the efforts of the State Legislature to otherwise allow it.” As with many states rights issues it is the courage of the states that turns the federal tide, so encourage your legislator to move forward with a full legislative debate on legalization of cannabis.
From this article: “Puget Sound-area officials told state lawmakers earlier this year that they have more pressing priorities than raiding medical marijuana shops.” Apparently our local Deputy Spokane County Prosecutor John Grasso disagrees and is waging a one man war against cannabis. Given the real crime problems we have in Spokane Grasso’s position in untenable, perhaps he has too much time on his hands and should have some actual crimes added to his case load.
One would wonder why our LE is so recalcitrant about changing cannabis policy. It is a cash cow for them. Again from this article: “Darren J. McCrea was offered a plea bargain in which he received no jail time and agreed to let police keep $30,000 seized from his home.” When the organized crime syndicate that ran my old neighborhood in The Bronx would get caught doing things like this there was a legal name for it: Extortion.
If you believe in personal liberty and less government the rational choice is to legalize cannabis.
Even a perfunctory examination of the differential prevalence rates of marijuana use versus other “harder” substances would refute a causal link between cannabis and subsequent use of these other substances. There are millions of regular recreational cannabis users who are responsible parents and professionals, often with advanced degrees, who contribute to society. The obvious profit motive demonstrated by the McCrea plea agreement clearly indicates who the societal parasites are when it comes to cannabis policy.
Wars are not fought against things they are fought against people and this war on cannabis is being fought against many people who would otherwise never come into contact with the legal system.
Ed
Bullshapitsca on March 17 at 2:13 p.m.
One only has to look at the $30,000 that law enforcement agreed they would keep as part of a plea deal with Mr. Mcrea to see that there is an entrenched bureaucracy funded by the current legal status of marijuana. It is the nature of bureaucracy to focus on funding and justifying its existance, regardless of damage to the society it is supposed to serve.
libmark on March 17 at 2:32 p.m.
Grasso is to grass as Bean-o is to beans?
mikewsu on March 17 at 3:05 p.m.
In one, Darren J. McCrea was offered a plea bargain in which he received no jail time and agreed to let police keep $30,000 seized from his home.
GET PAID SPD MOBSTERS!
terrymr on March 17 at 3:17 p.m.
The primary duty of the prosecutor and the police is to serve the public interest. They are not doing so by prosecuting those who provide a needed service - it’s ridiculous that those who hold a valid medical marijuana card have to buy on the streets from common drug dealers.
comet100 on March 17 at 3:31 p.m.
Do the journalists at your paper do any research or check your sources before claiming that marijauana is legal in Amsterdam? As far as I know it is not legal anywhere in the world and certainly not in Amsterdam. The authorities may turn a blind eye to the sale and consumption in certain coffee shops there but it is still illegal. Those same coffee shops are routinely raided by the police and the owners are fined for their complicity. Please do your homework before printing heresay.
hawken on March 17 at 7:16 p.m.
Medical marijuana is clearly the topic of the day. It’s a scam. Read the other strings and comments.
Ed Byrnes on March 17 at 7:30 p.m.
Seizure and forfeiture of private property for cannabis arrests is a scam. Read the comments and the article.
greenlibertarian on March 17 at 9:33 p.m.
Marijuana being the gateway drug that ALWAYS leads to the (MUCH) harder stuff and psychosis, then state paid for institutionalization? Really? Reefer Madness much?
Ridiculous fear pandering.
Mother’s milk leads to beer and then Everclear.
For a FAIR take on the subject, check out the Law Enforcement Against Prohibition here:
“LEAP does not promote the use of drugs and is deeply concerned about the extent of drug abuse worldwide. LEAP is also deeply concerned with the destructive impact of violent drug gangs and cartels everywhere in the world. Neither problem is remedied by the current policy of drug prohibition. Indeed, drug abuse and gang violence flourish in a drug prohibition environment, just as they did during alcohol prohibition.”
http://www.leap.cc/cms/index.php
And don’t even get me started on that absolutely unconstitutional seizure of assets bull crap, which they can do EVEN IF they never file ANY charges.
libmark on March 18 at 8:54 a.m.
Greenlibertarian — I don’t know if you’ve already come across Eric Schlosser’s book “Reefer Madness” but in it he details how police depts. across the country have a line item in their yearly budgets estimating how much revenue they’ll pull in from seized drug property… and how informants routinely get a cut of the proceeds. Talk about a system that is perfectly suited for abuse of power. http://www.worldcat.org/oclc/54796900
DemoDriver on March 18 at 2:41 p.m.
Like many others on these forums, I wonder when the “tea party” movement will embrace as platform, drug reform actions alongside their good fights for property and firearms rights.
Seems both the left and the right are equally guildy of unbridles hypocrasy when all it would take is a modicum of TOLERANCE to bring the two camps together neatly under one Constitutional umbrella.
That the ACLU stood by the NRA on more than one occasion should be telling, if only perhaps it had sold more papers.
For now, all I want for Christmas is for the pot heads to shake hands with the gun nuts so we can all have a laugh and call it a good start.
This would not even remotely be conisdered a stretch by anyone who’s ever gotten a proper contact high at a Willie Nelson concert.