Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
The case of a medical marijuana advocate charged with seven drug-related felonies could become a catalyst for a debate about the meaning of a law that officials say is marred by confusion.
Police raided Darren J. McCrea’s home last year after months of 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 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 he’s accused of selling marijuana to have Washington medical marijuana cards just like McCrea. At issue in the case is how the law defines caretakers permitted to provide marijuana to medical patients.
“It’s created a great deal of confusion and more questions than answers,” said Deputy Prosecutor John Grasso. “Unfortunately, I think we’re going to have to sort through the confusion and questions with prosecution.”
Grasso said the law allows caretakers to provide marijuana to one person and one person only. McCrea’s lawyer, David Miller, noted in court that the statute technically states a caretaker can provide to one person “at a time.”
Owners of medical marijuana dispensaries use that interpretation to justify their businesses, though Grasso has said he thinks businesses like Change on Northwest Boulevard are illegal.
Change co-owner Scott Shupe is facing felony drug charges in Oregon after police found four pounds of marijuana during a traffic stop Aug. 21. Shupe considers himself a caretaker for the more than one thousand people who have bought marijuana at Change, which he says should allow him to have a pound and a half of marijuana per customer. Even so, Oregon doesn’t recognize Washington medical marijuana licenses.
While the two cases illustrate the dichotomy between law enforcement and the medical marijuana movement, McCrea bristles if compared to for-profit businesses like Change. SpoCannabis is a non profit 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.”
NewsHawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Spokesman.com
Author: Meghann M. Cuniff
Copyright: 2009 The Spokesman-Review
Contact: Spokesman.com | Staff list
Website: SpoCannabis founder pleads not guilty to drug charges | Spokesman.com | Aug 31, 2009
Police raided Darren J. McCrea’s home last year after months of 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 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 he’s accused of selling marijuana to have Washington medical marijuana cards just like McCrea. At issue in the case is how the law defines caretakers permitted to provide marijuana to medical patients.
“It’s created a great deal of confusion and more questions than answers,” said Deputy Prosecutor John Grasso. “Unfortunately, I think we’re going to have to sort through the confusion and questions with prosecution.”
Grasso said the law allows caretakers to provide marijuana to one person and one person only. McCrea’s lawyer, David Miller, noted in court that the statute technically states a caretaker can provide to one person “at a time.”
Owners of medical marijuana dispensaries use that interpretation to justify their businesses, though Grasso has said he thinks businesses like Change on Northwest Boulevard are illegal.
Change co-owner Scott Shupe is facing felony drug charges in Oregon after police found four pounds of marijuana during a traffic stop Aug. 21. Shupe considers himself a caretaker for the more than one thousand people who have bought marijuana at Change, which he says should allow him to have a pound and a half of marijuana per customer. Even so, Oregon doesn’t recognize Washington medical marijuana licenses.
While the two cases illustrate the dichotomy between law enforcement and the medical marijuana movement, McCrea bristles if compared to for-profit businesses like Change. SpoCannabis is a non profit 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.”
NewsHawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Spokesman.com
Author: Meghann M. Cuniff
Copyright: 2009 The Spokesman-Review
Contact: Spokesman.com | Staff list
Website: SpoCannabis founder pleads not guilty to drug charges | Spokesman.com | Aug 31, 2009
