Washington County MMJ Retailer Pleads Guilty To Felony, Placed On Probation

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For the second time in a year, Washington County authorities have prosecuted an owner of a medical marijuana retail establishment.

Terry L. Spaunhorst, 54, of Vernonia, owned Serene Dreams Medical Greens in downtown Hillsboro. On Wednesday, he pleaded guilty to unlawful delivery of marijuana for payment, a felony, and was sentenced to five years of probation.

As part of his agreement with prosecutors, he is barred from participating in Oregon's medical marijuana program while on probation.

Prosecutors say Spaunhorst sold marijuana, a clear violation of Oregon law. The establishment was a profit-making enterprise where patients paid street prices — and sometimes more — for marijuana, said Bracken McKey, a senior deputy district attorney in Washington County. He said Spaunhorst paid $5,000 in monthly expenses, including rent and employee salaries.

He said Spaunhorst paid medical marijuana growers $150 to $190 an ounce for marijuana. Patients then paid Spaunhorst up to $280 an ounce.

McKey told Washington County Circuit Judge Kirsten Thompson the state's goal in the case wasn't jail time.

"The goal in this particular case was to shut down the business," he said.

Last year, Washington County authorities raided Wake 'n Bake Cannabis Lounge in Aloha. Kathleen Cambron, the owner, pleaded guilty to delivery of marijuana and was sentenced to probation. A third Washington County medical marijuana club, Human Collective in Tigard, remains open.

McKey on Wednesday declined to comment directly on Human Collective, saying only, "The sale of marijuana is against the law and it's not going to be tolerated in Washington County."

Oregon voters have twice rejected ballot initiatives creating a regulated medical marijuana dispensary system. That hasn't stopped the spread of marijuana clubs and collectives, where patients can pay for pot. Federal authorities say they've identified more than 50 new businesses in Oregon suspected of selling marijuana in the past year.

Leland Berger, Spaunhorst's lawyer, said the prosecution of Serene Dreams has removed a "safe access point" for medical marijuana patients. Many medical marijuana patients, he said, struggle to find a reliable and safe source.

"The most disconcerting thing to me is the state would expend tremendous resources to shut down a safe access point for patients," he said, adding it would have been left alone had it "been situated 20 miles east."

Berger was referring to Multnomah County's general tolerance for dispensary-like establishments. Multnomah County District Attorney Mike Schrunk has made it clear that prosecuting medical marijuana clubs and collectives is not a priority for his office given dwindling law enforcement resources.

Berger said Spaunhorst passed along what patients paid for marijuana directly to growers. He also said Spaunhorst didn't make a profit and paid his employees with money from his wife's Public Employees Retirement System pension.

"Most of the expenses came out of his pocket," he said.

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Source: oregonlive.com
Author: Noelle Crombie
Contact: Contact OregonLive.com or The Oregonian
Website: Washington County medical marijuana retailer pleads guilty to felony, placed on probation | OregonLive.com
 
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