LEGAL SHOWDOWN OVER STATE MEDICAL MARIJUANA LAW IN SPOKANE

A legal showdown over Washington's medical marijuana law is taking
shape in Spokane.

At issue is a provision in the voter-approved law that allows
caretakers to supply up to 1.5 pounds of marijuana at a time to those
with state-issued medical marijuana cards.

Some medical marijuana advocates believe that allows them to lawfully
supply one patient at a time. Spokane County prosecutors say the
provision limits each caretaker to just one patient – period.

The case of a medical marijuana advocate charged with seven
drug-related felonies illustrates a debate about a law prosecutors and
pot advocates say is confusing.

Police raided Darren J. McCrea's home last year after a months-long
investigation triggered by a tip that McCrea, the founder of the
medical marijuana support group SpoCannabis, was "selling marijuana to
anyone with a medical permit," according to a probable cause affidavit.

On Monday, nearly a year and a half after detectives found 5 pounds of
marijuana and $32,000 in a safe in his north Spokane home, McCrea, 41,
pleaded not guilty in Spokane County Superior Court to seven charges:
five counts of delivery of a controlled substance and single counts of
possession of a controlled substance with intent to deliver and
manufacture of a controlled substance.

The five people McCrea is accused of selling marijuana to have
Washington medical marijuana cards, as does he. At issue is how the
law defines caretakers permitted to provide marijuana to patients.

"It's created a great deal of confusion and more questions than
answers," said Spokane County Deputy Prosecutor John Grasso.

Grasso said the law allows caretakers to provide marijuana to one
person only. McCrea's lawyer, David Miller, noted in court that the
statute states a caretaker can provide to one person "at a time."

Owners of medical marijuana dispensaries use that interpretation to
justify their businesses; Grasso has said he thinks businesses such as
Change, on Northwest Boulevard, are illegal. The state Department of
Health Web site says the dispensaries are illegal, too, saying the law
allows a supplier to supply just one person.

Change co-owner Scott Shupe is facing felony drug charges in Oregon
after police found 4 pounds of marijuana in his vehicle during a
traffic stop two weeks ago. Shupe considers himself a caretaker for
the more than 1,000 people who have bought marijuana at Change, which
should allow him to have a pound and a half of marijuana per customer,
he says.

Even so, Oregon doesn't recognize Washington medical marijuana
licenses.

McCrea bristles when compared to for-profit businesses such as Change.
SpoCannabis is a nonprofit organization dedicated to helping medical
marijuana patients safely obtain their medicine, he said.

But prosecutors don't go after all medical marijuana patients, Grasso
said. He's seen many cases involving one person growing or supplying
marijuana to one medical patient.

"We're not filing against those people," Grasso said. "Our
interpretation is if you are selling marijuana to more than one
patient you are not in compliance."

Friends and SpoCannabis volunteers attended McCrea's arraignment
Monday to show support for a man they described as a hero.

"Darren provides support and education for people like me," said
Steven Delgado, a cancer patient. "I almost feel like I'm on trial."