POT DISPENSERS ENTER PLEAS

Four Face Up to 20 Years in Prison for Selling Medical
Marijuana

Four men facing federal prison time for operating medical marijuana
dispensaries in Spokane appeared in federal court Tuesday afternoon
and pleaded not guilty to all charges.

Charles Wright and Jon Vivian, former owners of the THC Pharmacy on
South Perry Street, and Jerry Laberdee and Dennis Whited, former
owners of Medical Herb Providers, appeared in front of U.S. Magistrate
Judge Cynthia Imbrogno.

Several of the defendants apparently learned of the hearing Tuesday
morning from a television news reporters, said Jessica Nuna, a friend
of the accused who was at the hearing. The prosecution acknowledged
summons were sent, but that the defendants had not received them. It
is unclear why the summons never made it, but all the defendants were
present for the hearing.

None are currently in custody and all were allowed to leave after the
Tuesday hearing.

Wright and Vivian pleaded not guilty to distributing marijuana near a
school, possession with intent to distribute marijuana near a school
and manufacture of marijuana near a school. The charges each carry a
minimum penalty of one year, and not more than 10 years.

They were also charged with maintaining a drug-involved premise near a
school, which carries a prison term of one year and not more than 20
years.

Laberdee and Whited pleaded not guilty to distribution of marijuana,
which carries a penalty of up to five years imprisonment; manufacture
of marijuana, which carries a sentence of five to 40 years in prison;
and maintaining a drug involved premise, which has a maximum sentence
of 20 years.

The penalties could also include hundreds of thousands in fines. The
defendants also face a forfeiture of any property or proceeds that
resulted from the alleged crimes.

The prosecution expressed concern about the potential for a conflict
of interest resulting from the separate indictments because the
accused know each other. However, Imbrogno did not issue a no-contact
order between the defendants, who have many friends and family members
in common. She admonished them to not speak with one another regarding
the cases.

"I would suggest you take that very seriously," she warned. "And I
hope your friends and family members are hearing that, too."

All the defendants were indicted by a federal grand jury July
20.

Federal authorities sent letters to the dispensary operators in April
warning them they were in violation of federal laws and that they
should close the shops immediately, despite Washington state law
allowing the use of medicinal marijuana. Several dispensaries in
Spokane disregarded that warning and some were raided several weeks
later.

Among other conditions of their release, they cannot leave the eastern
district of Washington without permission from the courts or possess
firearms and must submit to random drug testing.

"You need to know your court dates and be here on time," Imbrogno said
of the conditional release.

Criminal defense attorney Doug Phelps was appointed to represent
Laberdee. Wright and Whited will be appointed federal public
defenders. Vivian will be appointed representation from another office
because Wright is already being appointed a federal defender.