Appeals Court Sides with Spokane Dispensary owner Scott Shupe

Spokane Medical Marijuana provider Scott Shupe was charged with drug trafficking in relationship with his business “CHANGE”.  CHANGE located itself only blocks from the police department, in a nicely located, commercial/retail building which was very out in the open.  They obtained business licenses, paid retail sales tax, and operated professionally.  They would even take back any medicine that was not satisfactory with no questions asked.

In late 2009 the owners and some associates of CHANGE were arrested and charged with drug trafficking.

In late 2012, in fact just today the charges and ruling was reversed and Scott has been vindicated!

http://www.spokesman.com/stories/2012/dec/11/apeals-court-sides-pot-dispensaries/

I am so happy for Scott Shupe, and this totally turns my attitude around about Washington state.

In this court case they did reference one thing incorrectly.  After SB 5073 (which was after the CHANGE case started in 2009), the serving “one patient at any given time” provision was struck from 69.51 WCA.  Section 404 of SB 5073 destroyed this defense that obviously worked to the benefit of Scott Shupe.

I do not think this has anything to do with I-502.  I think Scott’s case is being judged under the laws of 2009, and the state laws of 2009 were in Scott’s favor.

Those same laws would not apply to anyone in this day, because SB 5073 destroyed those protections.

But this is something to build on for sure.


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