OWNERS, LAW AGENCIES DISAGREE ON LEGALITY OF POT DISPENSARIES

Marijuana advocates say Spokane has quickly earned a new
nickname:

Spokansterdam, a nod to the Dutch city where the sale and use of
marijuana is legal.

As authorities await the outcome of the region's first
drug-trafficking trial involving a medical marijuana dispensary, the
number of people advertising themselves as Spokane-area suppliers is
skyrocketing.

No one knows for sure how many exist here. Twenty-two are registered
on the website WeedMaps.com, which tracks dispensaries nationwide.
Drug investigators say there probably are more than 40.

The growth should be obvious to motorists traveling along Spokane
arterials, as dispensaries occupy once-vacant storefronts at
intersections and in shopping centers. The Greenhouse, at Maple Street
and Northwest Boulevard, features a sign announcing it delivers.

"It's a little ridiculous how fast these things are sprouting up,"
said Deputy Spokane County Prosecutor John Grasso.

Law enforcement attitudes toward the dispensaries differ across the
state, in part because the state's medical marijuana law is open to
multiple interpretations.

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."