Jacob Bell
New Member
The operators of a Tacoma medical marijuana dispensary beat drug charges earlier this year.
Now they want their pot back.
Guy Casey and Michael Schaef contend they are legally authorized to possess the marijuana seized during a criminal investigation and that the government no longer has any interest in the pot.
They've asked a Pierce County Superior Court judge to return to each of them 48 ounces of harvested marijuana and 30 plants — or their cash equivalents. Their attorneys contend each plant, likely dead now, was worth $3,000 to $3,500.
"Here, it is clear that Mr. Casey is entitled to a return of the property at issue," his attorney, Aaron Pelley of Seattle, wrote in a pleading filed in Superior Court. "The case has been resolved, and the property is no longer needed as evidence."
Deputy Prosecutor John Sheeran just says no. Schaef and Casey are in violation of the state's Medical Use of Marijuana Act, Sheeran wrote in a counter pleading.
They have not proved they're legitimate medical marijuana patients or providers, and they possessed five times more marijuana than allowed by law when they were arrested, Sheeran wrote.
"A person who takes one step outside the rules set up by the Legislature loses the protections offered by the act," the deputy prosecutor said.
The two sides are scheduled to argue their case in court Aug. 9.
The outcome might establish precedent in Washington state, where courts have yet to rule on whether forfeiture laws apply to medical marijuana, Casey's and Schaef's attorneys wrote in their pleadings.
The two men — who are good friends as well as business partners — were arrested in May 2010 after agents with the West Sound Narcotics Enforcement Team raided the Club 420 cooperative on Oregon Avenue and Casey's Ollala-area home.
Prosecutors charged Casey with two counts of unlawful delivery of a controlled substance and one count each of unlawful possession of a controlled substance and unlawful manufacture of a controlled substance.
Schaef was charged with three counts of unlawful delivery of a controlled substance and one count each of unlawful possession of a controlled substance with intent to deliver and unlawful manufacture of a controlled substance.
Prosecutors said in court records that the men sold marijuana to people not authorized to have it, kept a larger supply on hand than the law allows, and charged exorbitant prices to enrich themselves.
Much of the case was based on the testimony of a confidential informant, who claimed to have witnessed such behavior.
Detectives seized 85 marijuana plants and about 11 pounds of harvested pot during the raid, Sheeran wrote.
In February, prosecutors dismissed the case against Schaef and Casey, saying questions about the informant's veracity made the prosecution untenable.
"The informant was the basis for this investigation and is an essential witness for the state," Deputy Prosecutor Jennifer Sievers wrote in paperwork dismissing the charges.
The next month, Casey made a motion for the return of his marijuana and other property seized during the raids. Schaef followed suit in May.
Both men said they first asked the Kitsap County Sheriff's Department, which is holding the property seized during raids, to return their stuff but were rebuffed.
The men said they were treated badly by task force detectives and suffered emotional and monetary harm as a result of the investigation.
"Mr. Casey and his family, including his children, were held at gunpoint by the drug task force," Pelley wrote in his pleading. "They were humiliated in front of neighbors, and the Sheriff's Department issued press releases on the arrest."
Schaef, a single parent, lost his home as a result of his arrest and the financial burden the case put on him, and had to send his 17-year-old daughter to live with relatives, his attorney, Kent Underwood of Tacoma, wrote in court papers.
"His business reputation was injured by statements that he was not helping sick people but, rather, taking advantage of them," Underwood wrote.
Sheeran characterized the two men as drug dealers in his recent pleading, which begins, "During the months of March, April and May 2010, Guy L. Casey and Michael J. Schaef repeatedly delivered marijuana in violation of" state law.
The deputy prosecutor went on to repeat the allegations made in the abandoned criminal case and pointed out that Casey drives a Hummer and has several active bank accounts despite reporting little to no earnings to the government.
Pelley and Underwood say their clients are legitimate medical marijuana patients and providers and as such as protected by the Medical Use of Marijuana Act.
State law allows an authorized medical marijuana patient to possess up to 15 plants and 24 ounces of harvested pot. An authorized provider can have up to 15 plants and 24 ounces as well.
The law "specifically provides that qualifying patients and caregivers who are in possession of medical marijuana pursuant to a valid prescription ... 'shall not be penalized in any manner or denied any right or privilege' as a result of the possession," Pelley wrote in his pleading.
"Clearly, forfeiture of the medical marijuana and plants legally possessed cannot be considered anything other than a penalty ... and that forfeiture cannot therefore be allowed under Washington law," Pelley continued.
Underwood wrote that while "there is no specific provision within the state statute for the return of property, not returning the property to Mr. Schaef would go against fundamental fairness."
Sheeran countered that neither man has lived up to the letter of the law and as such doesn't deserve to get any of the pot back.
"While each (Casey and Schaef) has a doctor's note saying he is authorized to use marijuana, it does not specify the specific condition from which he suffers," the deputy prosecutor wrote. "Defendants who fail to establish they have a 'qualifying condition' are not entitled to raise the medical marijuana defense."
Qualifying conditions include, among others, cancer, HIV, epilepsy, glaucoma and diseases that result in nausea, vomiting, seizures and muscle spasms.
What's more, Sheeran contends, Casey and Schaef have stretched the definition of medical marijuana provider far beyond what the Legislature intended.
The act states that a designated provider can serve "only one patient at any one time," the deputy prosecutor wrote. Scores of people reportedly get marijuana from Club 420, Sheeran said in his pleading.
"It could be contended that because the statute does not prescribe a duration for patient-provider relationships, a qualifying patient could establish a relationship with a provider and then terminate the relationship once the provider gives the patient marijuana," he wrote.
"Under such a construction a provider could essentially provide for an unlimited number of patients."
The Legislature did not intend that, Sheeran said.
"If a provider may serve an unlimited number of patients, then that provider may possess the maximum allowable amount of marijuana for each of those patients," he wrote.
"As such, there would be no need — or indeed point — to limit the number of patients or the amount of marijuana a designated provider could legally serve and possess."
News Hawk- Jacob Ebel 420 MAGAZINE
Source: thenewstribune.com
Author: Adam Lynn
Contact: Contact Us
Copyright: Tacoma News, Inc.
Website: Case dismissed; men want their pot back
Now they want their pot back.
Guy Casey and Michael Schaef contend they are legally authorized to possess the marijuana seized during a criminal investigation and that the government no longer has any interest in the pot.
They've asked a Pierce County Superior Court judge to return to each of them 48 ounces of harvested marijuana and 30 plants — or their cash equivalents. Their attorneys contend each plant, likely dead now, was worth $3,000 to $3,500.
"Here, it is clear that Mr. Casey is entitled to a return of the property at issue," his attorney, Aaron Pelley of Seattle, wrote in a pleading filed in Superior Court. "The case has been resolved, and the property is no longer needed as evidence."
Deputy Prosecutor John Sheeran just says no. Schaef and Casey are in violation of the state's Medical Use of Marijuana Act, Sheeran wrote in a counter pleading.
They have not proved they're legitimate medical marijuana patients or providers, and they possessed five times more marijuana than allowed by law when they were arrested, Sheeran wrote.
"A person who takes one step outside the rules set up by the Legislature loses the protections offered by the act," the deputy prosecutor said.
The two sides are scheduled to argue their case in court Aug. 9.
The outcome might establish precedent in Washington state, where courts have yet to rule on whether forfeiture laws apply to medical marijuana, Casey's and Schaef's attorneys wrote in their pleadings.
The two men — who are good friends as well as business partners — were arrested in May 2010 after agents with the West Sound Narcotics Enforcement Team raided the Club 420 cooperative on Oregon Avenue and Casey's Ollala-area home.
Prosecutors charged Casey with two counts of unlawful delivery of a controlled substance and one count each of unlawful possession of a controlled substance and unlawful manufacture of a controlled substance.
Schaef was charged with three counts of unlawful delivery of a controlled substance and one count each of unlawful possession of a controlled substance with intent to deliver and unlawful manufacture of a controlled substance.
Prosecutors said in court records that the men sold marijuana to people not authorized to have it, kept a larger supply on hand than the law allows, and charged exorbitant prices to enrich themselves.
Much of the case was based on the testimony of a confidential informant, who claimed to have witnessed such behavior.
Detectives seized 85 marijuana plants and about 11 pounds of harvested pot during the raid, Sheeran wrote.
In February, prosecutors dismissed the case against Schaef and Casey, saying questions about the informant's veracity made the prosecution untenable.
"The informant was the basis for this investigation and is an essential witness for the state," Deputy Prosecutor Jennifer Sievers wrote in paperwork dismissing the charges.
The next month, Casey made a motion for the return of his marijuana and other property seized during the raids. Schaef followed suit in May.
Both men said they first asked the Kitsap County Sheriff's Department, which is holding the property seized during raids, to return their stuff but were rebuffed.
The men said they were treated badly by task force detectives and suffered emotional and monetary harm as a result of the investigation.
"Mr. Casey and his family, including his children, were held at gunpoint by the drug task force," Pelley wrote in his pleading. "They were humiliated in front of neighbors, and the Sheriff's Department issued press releases on the arrest."
Schaef, a single parent, lost his home as a result of his arrest and the financial burden the case put on him, and had to send his 17-year-old daughter to live with relatives, his attorney, Kent Underwood of Tacoma, wrote in court papers.
"His business reputation was injured by statements that he was not helping sick people but, rather, taking advantage of them," Underwood wrote.
Sheeran characterized the two men as drug dealers in his recent pleading, which begins, "During the months of March, April and May 2010, Guy L. Casey and Michael J. Schaef repeatedly delivered marijuana in violation of" state law.
The deputy prosecutor went on to repeat the allegations made in the abandoned criminal case and pointed out that Casey drives a Hummer and has several active bank accounts despite reporting little to no earnings to the government.
Pelley and Underwood say their clients are legitimate medical marijuana patients and providers and as such as protected by the Medical Use of Marijuana Act.
State law allows an authorized medical marijuana patient to possess up to 15 plants and 24 ounces of harvested pot. An authorized provider can have up to 15 plants and 24 ounces as well.
The law "specifically provides that qualifying patients and caregivers who are in possession of medical marijuana pursuant to a valid prescription ... 'shall not be penalized in any manner or denied any right or privilege' as a result of the possession," Pelley wrote in his pleading.
"Clearly, forfeiture of the medical marijuana and plants legally possessed cannot be considered anything other than a penalty ... and that forfeiture cannot therefore be allowed under Washington law," Pelley continued.
Underwood wrote that while "there is no specific provision within the state statute for the return of property, not returning the property to Mr. Schaef would go against fundamental fairness."
Sheeran countered that neither man has lived up to the letter of the law and as such doesn't deserve to get any of the pot back.
"While each (Casey and Schaef) has a doctor's note saying he is authorized to use marijuana, it does not specify the specific condition from which he suffers," the deputy prosecutor wrote. "Defendants who fail to establish they have a 'qualifying condition' are not entitled to raise the medical marijuana defense."
Qualifying conditions include, among others, cancer, HIV, epilepsy, glaucoma and diseases that result in nausea, vomiting, seizures and muscle spasms.
What's more, Sheeran contends, Casey and Schaef have stretched the definition of medical marijuana provider far beyond what the Legislature intended.
The act states that a designated provider can serve "only one patient at any one time," the deputy prosecutor wrote. Scores of people reportedly get marijuana from Club 420, Sheeran said in his pleading.
"It could be contended that because the statute does not prescribe a duration for patient-provider relationships, a qualifying patient could establish a relationship with a provider and then terminate the relationship once the provider gives the patient marijuana," he wrote.
"Under such a construction a provider could essentially provide for an unlimited number of patients."
The Legislature did not intend that, Sheeran said.
"If a provider may serve an unlimited number of patients, then that provider may possess the maximum allowable amount of marijuana for each of those patients," he wrote.
"As such, there would be no need — or indeed point — to limit the number of patients or the amount of marijuana a designated provider could legally serve and possess."
News Hawk- Jacob Ebel 420 MAGAZINE
Source: thenewstribune.com
Author: Adam Lynn
Contact: Contact Us
Copyright: Tacoma News, Inc.
Website: Case dismissed; men want their pot back
