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March 17, 2011 in News, City
Medical marijuana supplier convicted
In this 2009 file photo, Scott Shupe is shown sitting in the Spokane marijuana dispensary that he co-owned. Shupe was convicted Thursday, March 17, 2011, on felony drug charges after a jury rejected his argument that Washington’s medical marijuana law allows dispensaries to operate.
(Full-size photo)
A Spokane jury rejected arguments Thursday that the state’s medical marijuana law allows for commercial dispensaries, convicting a supplier of multiple drug trafficking charges.
Scott Q. Shupe, who co-owned one of the first marijuana dispensaries in Spokane, argued the state’s medical marijuana law enables dispensaries to supply card-carrying patients, provided they serve just one patient at a time.
Prosecutors disputed that interpretation, arguing that the medical marijuana law, approved overwhelmingly by voters in 1998, makes no provisions for commercial dispensaries.
“I’m very happy with the verdict,” Deputy Spokane County Prosecutor Teresa Border said. “It was a very difficult trial with a verdict that I think is appropriate.”
The case was being 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.
In Olympia, where state lawmakers are contemplating various marijuana-related proposals, Gov. Chris Gregoire weighed in on the issue Thursday, saying she would seriously consider a proposed Senate plan to license and regulate medical marijuana growers and distributors but she’s uninterested in legalizing the drug.
In Spokane, Mayor Mary Verner said earlier this week that she supports medicinal use of marijuana, but she’s concerned about the rapid increase of dispensaries in Spokane neighborhoods. “I don’t want to have our community allow the cover of being in business for medical care to be really just a way to just dispense pot that otherwise would be illegal,” Verner said.
Defense attorney Frank Cikutovich said his client routinely kicked out patrons who tried to buy pot without proper authorization. He indicated the case will be appealed in an effort to clarify the language of the law.
“Their fate lies with the prosecutor’s decision whether or not to shut them down,” he said, referring to other dispensaries. “They want to be legitimate and give medicine to those who need it.”
Deputy Spokane County Prosecutor John Grasso, who heads his office’s drug unit, said his interpretation of the law allows a person holding a medical marijuana card to legally purchase the drug. But, the person selling that marijuana would be breaking the law.
Despite that view, commercial dispensaries have opened throughout the state under the argument – as was the case with Shupe – that they serve as a care provider, helping those with terminal illness or chronic medical problems to obtain the medicine they need.
Cikutovich argued unsuccessfully that the law allows dispensaries to essentially become the care provider for the limited time when they sell to each licensed marijuana card holder. Shupe testified he was selling 10 pounds of marijuana a week to 1,280 patients.
During each transaction, Shupe and his partners at the Change dispensary, 1514 W. Northwest Blvd., would write down the time of the transaction to note when they were providing the care through the sale of marijuana. Shupe also verified that each customer had a valid license for marijuana and double-checked those records with medical clinics that issued the authorization.
Pat Stiley, who is a law partner with Cikutovich, said he sat in during some of the jury selection. He noted that any prospective jurors who indicated they supported the legalization of marijuana were eliminated from the pool.
Those jurors who were seated all declined comment after convicting Shupe of the felony charges of possession with intent to distribute, delivery and manufacture of marijuana. Sentencing was set for April 12 before Superior Court Judge Tari Eitzen.
Reporters Jim Camden and Jonathan Brunt contributed to this report.
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detroitdude on March 17 at 5:12 p.m.
What a complete waste of money, not only on the trial for this guy but also for the fact that it seems he wasn’t doing anything except providing marijuana to people who have a license.
All this over an activity that eases pain for sick people and harms no one if enjoyed responsibly. If the guy was keeping records and verifying that these people had medical marijuana cards I really don’t see what the problem is.
Gotta love America sometimes, enjoy your booze and porn, but don’t get stoned and pay for real sex lol.
They should just introduce a bill with concise wording for once that doesn’t leave a ton up to interpretation. No loopholes = no complaining
liberal_in_right_wing_land on March 17 at 5:16 p.m.
Yes, because this is the most pressing issue facing Spokane right now.
Good luck to all the people trying to help the sick and suffering relieve their pain and suffering as the Spokane Police and their little buddies are going to be coming after you now.
Kivaari on March 17 at 5:36 p.m.
Washington’s RCW’s are very poorly crafted. There are so many views as to what a law means, that even with an AGO, the locals still screw things up. VAGUE is normal in Washington.
hawken on March 17 at 5:40 p.m.
Medical marijuana is a scam.
If there is such a huge demand for legitimate, medical use, why don’t the pharmaceutical companies produce it commercially and dispense it, like they would any other prescription drug?
flutieflakes on March 17 at 5:58 p.m.
“If there is such a huge demand for legitimate, medical use, why don’t the pharmaceutical companies produce it commercially and dispense it, like they would any other prescription drug?”
Because marijuana is considered a Schedule 1 drug by the DEA. Schedule 1 drugs are considered to have a high potential for abuse, no medical use, and “a lack of accepted safety for use of the drug”.
This is significant because Schedule 1 drugs are a federal crime to manufacture, regardless of the actual medical need, regardless of laws, and regardless of if it’s a Big Pharma company. However, recently large pharmaceutical companies have petitioned the DEA to change marijuana to a Schedule 3 drug, meaning it is considered safe, non-or-less addictive, and has a legitimate medical use. Then it could be manufactured and distributed on a large scale, subject to various Rx drug laws.
The DEA had never listened to individual people and advocacy groups suggesting this change. However, when the pharmaceutical companies that foot a solid portion of the nation’s tax bill ask for something, they tend to get better results than some dude with dreadlocks.
NE2Spokane on March 17 at 6:01 p.m.
Big pharma does already produce this, its called marinol. Big pharma and the government don’t want you to be able to grow your own medicine at home.
eagleproducer on March 17 at 6:02 p.m.
On the opening day of the NCAA tournament, this ruling reminds me of a quote from perhaps the best basketball coach of all time, John Wooden…
“Never mistake activity for achievement.”
Why is the will of the voters reduced to a jury decision?
detroitdude on March 17 at 6:03 p.m.
No, whats a scam is keeping a plant that grows out of the ground illegal that offers pain relief. I take it you’ve never known anyone or yourself has never had to deal with chemotherapy or radiation treatments for cancer. Marijuana eases the nausea that accompanies such cancer treatments. A family member of mine has a condition of the spine where there is no cartilage/fluid (whatever you want to call it) between the c5and c6 vertabrae, this leads to constant daily pain. Given the choice, this person would rather use medical marijuana than ingesting a steady stream of oxycontin and hydrocodone to control the pain, and I’m in agreement.
The bigger issue here, that goes above medical marijuana in general is the prohibition we have of it right now. It is a victimless crime. As long as you are responsible and dont do something stupid like going driving, it hurts no one. It’s not a gateway drug as some would lead people to believe. It all depends on the individual using it. If you have addictive propensities as a person, it might be wise to stay away from such things as: cigarettes, alcohol, marijuana, any type of processed street drug, prescription painkillers, gambling, online gaming, pornography and the list goes on.
Everything in moderation. It’s a personal responsibility thing, I figure conservatives would like that. After all, people get drunk and make bad choices, the world has not imploded because of it. Also, why is a person so bad if they prefer after a day of work to smoke a joint as opposed to throwing back a few beers or mixed drinks? Some people like to unwind and just don’t like how alcohol makes them feel.
In my opinion, these types of issues in general are a waste of money, and there are many other problems in Spokane that should be dealt with.
eagleproducer on March 17 at 6:05 p.m.
hawken : Ever heard of Oxycontin?
ZZZZZZZZZZZZZZZZZZZ
I’m just imitating your usual response to a reasonable question.
eagleproducer on March 17 at 6:09 p.m.
Hawkens’ ignorance of drug classification in the U.S. is more than laughable. Kinda like his ignorance about pretty much everything other than making a shoe stink.
pseeger on March 17 at 6:22 p.m.
Hawken throwing in with Big Pharma…I’m shocked!
hawken on March 17 at 6:28 p.m.
I’ve heard all of the “pot head” arguments before.
Point remains, street dealers, drug dealers of pot (so called medical marijuana dealers) and pot itself, does not meet the criteria of a legitimate, medicinal drug with any credibility on a large scale.
Medical marijuana is a creation of pot heads supported by liberals in state government in order to get votes.
In this case, the Federal Government is correct NOT to decriminalize the drug nor to recognize the drug as a legitimate, medical, solution in and of itself.
hawken on March 17 at 6:38 p.m.
As I said,,,, Medical marijuana is a scam…
brianth on March 17 at 6:42 p.m.
Well get ready, we will start to see more stories of pot raid’s in Spokane news real soon.
What a sham, give sick people the right to use a legitimate medicine and no ability to purchase. Sure just grow your own, well a very good majority of these people are too sick to grow their own, The other thing, they would have to wait a good four months for their medical garden to blossom, before they can even start to benefit from the medicine.
What a slap in the face for the rights of people with medical aliments. The same ones that we as voters, of Washington State, passed into law many years ago. A law that gives them the right to use this as a medicine, and we still here injustices like this still going on!.
Mary Jane is medically proven and well researched, as a very effective medicine. Yes I said medicine, and before any one comments about this not being a legitimate medicine and haven’t taken the time to researched the facts, please don’t waste my time, because I have researched both sides of the Mary Jane argument, and know the real facts.
Enough just legalize and stop this insanity!
divinity68 on March 17 at 7:04 p.m.
Ya medicien for anyone that has $350 to buy the card, what a joke!
gumbylips on March 17 at 7:06 p.m.
OK, it took me two years of research to educate myself on the positive bennies of MJ after Nancy Regan was through will all us kids from the 80s. I see something like this as a HUGE ‘what happened.’
The real question is: What was Mr. Shupe doing that was different than any other dispensary? Was there a back room party going on 24x7 or something? Were there sales to kids? Was more than one person being served at a time? What is the real issue here? I couldn’t be just Mr. Shupe ‘s interpretation of the law that brought down his store. SPD has tons of bad press, but to single one person out of all the dispensaries out there just doesn’t add up - even for them.
Although I am not an MMJ patient or even a user I respect the rights of anyone seeking an alternate treatment that could benefit them. When I was younger I used MJ daily and it didn’t turn me into a sex crazed psychopath with a thirst for blood as the government propaganda would lead you to believe.
I think there are a lot of legitimate reasons for just outright legalization - although in my head I’m still programmed to just say no. And really, all the negative press VS. MJ is mostly based on government sponsored research from 30 years ago. Funny thing is the ‘reefer madness’ generation makes up a good percentage of the individuals seeking relieve from pain from all the tobacco and liquor use over the years and the damage that it caused.
In my opinion detroitdude is correct; the individual is responsible for use or mis-use. Personal responsibility has been lost to lawyers and lawmakers. To those individuals that say outright that MJ is a scam, or some kind of joke, or just out right bad - I feel horrible for you and I sincerely hope you don’t have chronic migraines or get bone cancer because after 5 months of Oxycontin addiction has set in you will be willing to get a gun and rob a pharmacy for your fix.
I’m not saying MMJ is the answer for all your ills if you are sick or experiencing intractable pain, but if there is even a .1 % chance you could get relieve you would at least want to know the option is there.
If legalized nobody is forcing a joint in your mouth, they really aren’t. As adults we all have a responsibility to ourselves, and if we feel like catching a buzz while fishing in the middle of the lake what difference does it really make to the ‘Just say NO’ folks what we are using? I have kept liquor away from my kids. I have kept my guns away from my kids. I have kept my Vicodin away from my kids. You can bet if there was MJ in my house it would be kept away from them as well. Personal responsibility. Try it.
LOL I know I digress, but come on folks, we don’t tell you which god to believe in, which sex you are attracted to, or which political party to participate in, please don’t tell us what we can use to relieve pain, or which drug to use to increase appetite, or which drug we use to pass the time with good friends on a summer night at the lake. :)
Ed Byrnes on March 17 at 7:17 p.m.
What a waste of our resources and public energies, especially given the other actual crime problems we have here in Spokane. The reason that LE and their sycophants are against cannabis legalization is that seizure and forfeiture rules are a cash cow for LE. That is indeed a scam against otherwise law abiding citizens. The plea bargain deal with the dispensary operator netting LLE $30,000, as I have written before, shows everyone who the societal parasites are on this issue.
Those who try to be derisive and dismissive through using terms like “pothead” would do well to realize that millions of responsible, well educated Americans who are good parents and contributors to their communities use cannabis recreationally.
Hawken, You did an admirable job at cherry picking a small portion of the opinions out there (I admire Lance Armstrong and his foundation but is it a peer reviewed source?). Since you appear to have become fond of attacking persons rather than arguments recently (e.g.; “the pothead argument,” “liberal.” “members of the commune”) I AGAIN invite you to publicly state where you received your credentials and your professional accomplishments since receiving them, as I have done.
Ed
DavesnotHere on March 17 at 7:47 p.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
Scoutster on March 17 at 7:50 p.m.
Things like this happen. The progress of history isn’t a straight line.
The outcome of this debate is obvious, only the timing is in question.
I regret that Mr Shupe is forced to bear the brunt of this obscenity today, but I appreciate his willingness to be in the vanguard of change.
Thank you, Mr. Shupe, for lighting one more candle.
hawken on March 17 at 8:08 p.m.
ebyrnes,,, Ed:
You’re seemingly more impressed with your own “public Ph.D. credentials” than am I.
You also seem to be obsessed with knowing my “credentials.” Keep guessing.
Looks like to me that you have now cowered to the your “public credentials,” to support your illogical, liberal based, world view, rather than deal with the logical arguments at hand.
I understand, since you are clearly a commonplace, “liberal Ph.D.”
It must cause you great indigestion that I am a “conservative Ph.D.” who rejects your liberalism. I realize that I am unusual in this sense. Most Ph D.s are liberals.
Let’s just consider this a “peer review.”
Meanwhile, let’s deal with logical argument. I assume that your “public credentials” and your training did include logical debate? Did they not?
Bruce (aka thatoneguy) on March 17 at 8:39 p.m.
I agree with Scoutster @7:50pm:
“Things like this happen. The progress of history isn’t a straight line.
The outcome of this debate is obvious, only the timing is in question. ”
Until then, and for a while after, the grumpy old men yelling at the kids to stay off their lawn (or whatever social issue is currently under examination) will be ubiquitous.
healinhand on March 17 at 8:42 p.m.
WOW….A War with a Plant….Hmmmmmmmm.
What Kind of Moron prosecutes this?????
Please vote, or fire people like this for wasting our tax dollars!!!!!!!!!!!
Ed Byrnes on March 17 at 8:52 p.m.
Hawken, transparency is fundamental to peer review, when I was recently on the editorial board of a social science journal my name, credentials and affiliation were on the journal masthead. So if you are going to claim peer review then be transparent about what makes us peers, as I have.
Since all I have asked about are credentials and I have refrained from labeling you as you have labeled me (e.g.; “liberal,” “member of the commune”) I ask that regardless of credentials you refrain from throwing labels my way and, as you state you wish for, engage in substantive debate with me.
As for logical debate here are a few starters:
It is clear that there is not a causal link between cannabis use and progression on to other harder drugs. NIDAs own data, through their household survey on drug use, demonstrates that far more people recreationally use cannabis regularly than the numbers that use other harder substances, if the causal link was present the prevalence rates would not be so different.
If we look at violent behavior alcohol is present at a ridiculously high rate in offenses like date rape, and a similar connection to cannabis is not demonstrated.
The American Medical Association (AMA), an internationally recognized expert group, recognizes therapeutic benefits to cannabis, yes even the inhaled variety, and it is law enforcement, for example the DEA, that is ignoring the data.
Two decades of federally funded research on drug courts clearly demonstrate that if drug law offenders are diverted from corrections into treatment then they stay out of the legal system at a significantly better rate than those who experience regular legal system processing. So even if one assumed that cannabis was an addictive drug, in the absence of an established withdrawal syndrome or biological mechanism of withdrawal, which is a defining symptom of any medically legitimate addiction, then an incarceration based approach is inferior.
I trust that I am demonstrating to you and to other readers of this and other forums, that my support for cannabis legalization and regulation is rooted in reason rather than politics of any stripe, though my political rationale, as consistently stated in these forums, is a libertarian one.
Ed
therevelator on March 17 at 9:26 p.m.
Ticked off about this? You can help change the law. Sensible Washington (sensiblewashington.org / sensible washington on FB) is sponsoring I-1149 which would in effect legalize marijuana for adults in WA.
Please donate and sign up to volunteer today at sensiblewashington.org. And be sure to sign Initiative 1149.
brianth on March 17 at 9:44 p.m.
I believe peoples stereotypes of Marijuana are do in large part, to the many years of inaccurate information and fear mongering on behalf of the law enforcement agencies in this country.
People of many generations have used Marijuana not only for medicinal purpose but also for industrial use’s, hemp is a very strong, durable fiber.
The people that founded this country, many our own relatives, were encouraged to grow and harvest Marijuana by the government Not only for industrial purposes but also medicinal purposes. Can you picture it, your great great great great great great Gran pa torching a fatty out on the front porch, it’s true!
Another thing, you don’t just have to smoke the Jane for the benefits, you can also use in oil form and you can digest for it’s benefits as well.
I would like to enclose this bit of information about a gentleman that produces Marijuana oil for Cancer patients his name is Rick Simpson, and he has some good You tube video’s on this subject, you should check it out!
RedCedar on March 17 at 10:26 p.m.
The ads for these “clinics” were getting very brazen. Last year I saw large display ads in the nickel want ad paper and heard ads on the radio, including an ad recruiting doctors to work in the “clinics” to prescribe the marijuana. Given the ambiguity of the law, it was just a matter of time before they got busted.
As for legalization, marijuana will be legal when all the pot smokers sign the petitions, vote in favor of the initiatives, and tell their legislators to legalize it. Instead what happens time after time is most of the pot-smokers are too paranoid to sign the petitions, call their legislators, or vote for the initiative. I’ve had many of them tell me that they think they’ll get busted. So, instead the pot smokers talk and talk and talk to anyone who will listen, except their legislators, about what great medicine it is, how hemp is good for the environment, etc., but then due to their paranoia, they expect the non-smokers to legalize it for them. Hence, it stays illegal.
I think pot should be legal. I’ll vote for any legalization initiative. I don’t smoke pot an have no desire to do so. I also have no sympathy for the pot-smokers who are too paranoid or lazy to do what it takes to get their drug legalized.
misjustice on March 17 at 10:40 p.m.
Keep Ur hands offa my plants….
; )
I am armed!
bigyfish on March 17 at 11:32 p.m.
In reviewing the arguments put foward by hawkins and ebyrnes it is obvious that their opinions are polar on the subject.
Also, when a legit, organized and well stated string of aguments is put foward one person makes informed decisions using that information while the other ignores reality and spews forth comments imitating those preching right wing rhetoric.
However, he does this with elementary school tactics and gives those of us who want to spew right wing rhetoric a bad name.
greenlibertarian on March 18 at 12:34 a.m.
Short term travesty of justice that will not long prevail in Appeal Courts.
Marijuana ABUSE i(which has minor consequeness) PALES in comparison compared to other “legal” drug delivery devices.
Alcohol and illicitly used presciiption drugs kill thousands. MJ, not so much.
toliveanddieinla on March 18 at 4:29 a.m.
im a patient that cant grow not enough room now i have to go back to the street because law wants to shut down dispensaries back to wet pot not cured right wow tyvm jury why dont you quit wasting tax paying money and go after real criminals p.s. please get a jury with brains when you go to trial again and no i dont do pills i puke them up ,pills kill and marijuana doesnt
kristiankaren on March 18 at 12:44 p.m.
This is just another way for the state and city to try to make money. All it is going to do is force people who need medical marijuana for their pain and illness back to the streets to buy it illegally. I liked the comment…… it is o.k. for someone with a medical marijuana card to buy it….but not o.k. for the person selling it? That make a LOT OF SENSE!!!!! DUNH????? Where are MJ patients supposed to buy it LEGALLY??? If there are no dispensaries???? This whole thing is ridiculous and a wast of the taxpayers money. Of course the only one who can make money is the STATE or the CITY!!! I don’t see any of these guys running these dispensaries making BIG BUCKS. Why don’t they focus on bringing down some of the dirty cops in this city…so taxes can be saved by paying for ADMINISTRATED LEAVE for dirty cops who shoot innocent citizens???? It REALLY MAKES SENSE to not have anyone on the jury who agrees with medical marijuana…I SMELL A MISTRIAL!!!!!