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WA's confusing medical marijuana law under review

by KYLE MOORE / KING 5 News

KING5.com

Posted on March 16, 2010 at 4:37 PM

Updated Tuesday, Mar 16 at 5:31 PM

SEATTLE - How much marijuana is too much? That is the question law enforcement officers and prosecutors across the state have to deal with on a daily basis.

The issue comes to light with two recent violent crimes at two different home medical marijuana suppliers. On Monday morning, armed men stormed into Steve Sarich's Kirkland home. The 59-year-old  fought off the intruders and five men have been arrested for investigation of robbery. On Sunday, medicinal marijuana grower Mike Howard died after being attacked at his Orting home earlier in the week. Authorities believe Howard was beaten to death with a crowbar.

In 1998, Washington State voters passed the Medical Marijuana law. The law allows patients to have a 60-day-supply of marijuana.

A decade later, the State Department of Health defined a 60-day supply as 15 plants and 24 ounces of pot. The patient must also have a serious illness as defined by the state law and receive a doctor's certificate authorizing the patient to use the medicinal marijuana. The patient is allowed to have a caregiver grow the marijuana for them but they must post the patient certificate.

When a search warrant was served at Sarich's Kirkland home, King County Deputies say they found 385 marijuana plants.

Sheriff spokesperson John Urquhart says "well over 300 plants. It well exceeds a 60-days supply, which is our opinion and the prosecutors opinion as well."

Deputies say they also found display cases with pipes for sale, baked goods with marijuana and stacks of credit card receipts. The case has been referred to the prosecuting attorney's office. Sarich says he has done nothing wrong.

"I am not a criminal. First, I got shot, then I got robbed by the police who came to investigate," he said.

Urquhart says the Sheriff's Department left Sarich and his girlfriend the state mandated amount of  15 plants each and 24 ounces each of pot.

The Sheriff's Department would like the state legislature to further define the law to make it easier to enforce.

"It's very simple," said Urquhart. "Our job is to enforce the law. If the law is vague, it's difficult to enforce."

"The violence and death that has just happened this week. It's very disturbing... It violated an innocence we had here for ten years," said medical marijuana advocate Dale Rogers.

The Executive Director of Compassion in Action, a 12-year-old medicinal marijuana group, thinks it's time to revisit and redefine the state marijuana law. Rogers says the law has helped thousands of patients in the state with their pain. Rogers is concerned that violence is arriving at the homes of medicinal marijuana growers.

"Maybe now it's time to sit down and rethink this whole situation. Because now it's become a safety issue," he said.

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Comments: Displaying 1 - 15 of 30

leifericson said on November 10, 2010 at 11:58 AM

also for those priests saying its bad and evil. I have one thing to say to you. god made it so what your saying is god made a plant that can help heal many things and your against it so your questioning god and are denying a gift of god so your not a very good christian.

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louiscypher said on March 17, 2010 at 1:34 PM

treeclimber , you are an F-TARD! Marijuana is not addictive. These people are legal patients, not drug dealers or addicts. Do some research before spouting off about things you know nothing about. Learn to spell and capitalize. You make yourself look like a moron.

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excelsiorconcept said on March 17, 2010 at 12:30 PM

I'm sure the whole idea of medical marijuana was noble in its infancy. The medical marijuana growers are not actively regulated so until the police show up, they'll try to get away with what they can. The biggest farce in this medical marijuana program is the lack of a legitimate source for this medicine. In what other medicine production process would any regulating body allow just anyone to produce a drug without strict oversight? Medical marijuana is not well regulated and some growers are taking advantage by over producing. There are those in society who want to rip these growers off. The growers become victims of a crime against persons and they want to complain when the police take enforcement action against them for their actions. Here's an idea, how about a regulated industry to produce this "medicine". You get better consistent quality medicine without the side of effect violence.

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skok_cush said on March 17, 2010 at 10:35 AM

i personally know several people with permits that are an absolute joke. they just put on an act to get the doc to justify it. only reason i can see govt bein against it, docs and pharmaceuticals would loose fortunes with people growing their own anti anxiety meds.

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skok_cush said on March 17, 2010 at 10:28 AM

Legalize it.

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unbelievable said on March 17, 2010 at 10:20 AM

musicfreak - check your facts: Los Angeles marijuana store robbed of pot, cash LOS ANGELES — Robbers in ski masks got away with pot and cash in a stickup at a Los Angeles medical marijuana store. Police spokesman Richard French says three gunmen held up the Gourmet Green Room dispensary shortly before 11 p.m. Thursday. The robbers took about $15,000 in cash and an undisclosed amount of marijuana and fled in a silver Cadillac driven by a fourth man. Authorities say customers were in the store at the time but nobody was hurt. Investigators are trying to determine if the crime is linked to a similar holdup at a medical marijuana facility in Los Angeles’ San Fernando Valley.

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unbelievable said on March 17, 2010 at 10:18 AM

Why do people think legalizing pot would solve the problem? It would still be worth money and people would still want to get it without paying for it. People steal cars and stereos and tv's and all sorts of things to sell for money. The problem is not that pot is illegal, it's that the thieves have a problem and stealing is the only way they can fix it. People rob banks, why don't they get a job?

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musicfreak said on March 17, 2010 at 9:54 AM

Why don't they have dispensaries like they do in California? That would kind of fix these kinds of problems.

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graham said on March 17, 2010 at 9:31 AM

Stop the sale of it & case closed

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ratchetjaw said on March 17, 2010 at 9:11 AM

There is nothing in the US Constitution, Bill Of Rights or Washington state constitution that outlaws plants. Thats the big issue. Lets quit outlawing nature. It takes a sick society to even contemplate that. What someone does in the comfort of there own home is no one elses business. All regulation should be removed from ALL plants. Nature has jurisdiction, law enforcement doesn't.

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bac148 said on March 17, 2010 at 9:10 AM

RE Bazwest: The quote about the law being vaque is from the police. While I know some hipocrite cops who smoke occasionaly. I'm pretty sure the the WA state law inforcement collective is not a bunch of doped out stoners, who are to high to understand the law. In reguards to the cost of drug abuse on society, I wonder what the cost of alchohal is on our society? The cost of tabacco? The cost of all the horrable food items that make up the diet of modern america. The dollar figure you are talking about is for all illegal drugs not just pot. If you take away the cost of prosecuting, housing and all the periferal support staff involved with marijuana prohabition. The remaining cost to society is minimal.

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frankyfan3 said on March 17, 2010 at 8:20 AM

FYI @ Bazwest, those costs and deaths associated with drug use occurred under prohibition. So, let's just keep doing the same thing, increase penalties (even though there's no correlated decrease in use) and continue dealing out incarcerations instead of compassion and treatment, because obviously, that is for the benefit of society on a whole. You are addicted my friend, addicted to Incarcerex.

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bazwest said on March 17, 2010 at 8:02 AM

@rigidprinciples--although I agree with you in principle that what you put in your body should be your own choice--here is the rub. Very often society is left with the clean up bill and other serious consquences associated with drug abuse. If the consequences for what a person put into their own body could be confined to the individual then society would have no valid reason to attempt to control it. According to a 1985 study (Dorothy P. Rice, Sander Kelman, Leonard S. Miller, and Sarah Dunmeyer, The Economic Costs of Alcohol and Drug Abuse): Drug-related illness, death, and crime cost the nation approximately $66.9 billion per year. Every man, woman, and child in America pays nearly $1,000 annually to cover the expense of unnecessary health care, extra law enforcement, auto accidents, crime, and lost productivity resulting from substance abuse. Everybody bellyaches and cries "outrage!" when a druggie hurts or kills someone but these same people complain when society steps in.

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bazwest said on March 17, 2010 at 7:18 AM

This law is not really that confusing unless you are a regular pot smoker. Pot effects cognitive reasoning.

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rigidprinciples said on March 17, 2010 at 7:16 AM

@yessir -- I am suggesting that We the People live in a country whose Supreme Law of the Land is the Constitution which acknowledges the existence of our individual, inherent rights. The topmost right in the hierarchy, from which *all* other individual, inherent rights are derived, is our individual, inherent right to property, beginning with our own bodies. Whatever you put into, or take out of, your body, is 100% under your jurisdiction. The buck stops with you. There is no one to ask permission, as you own your own body. If you believe the government owns your body, and We have no rights, but only privileges, I encourage you to brag about those principles. If you believe that rights and privileges are synonymous, then say so, and stop using the word "rights" as though it has a different meaning than privileges.

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scott_bellevue said on March 17, 2010 at 6:41 AM

Why are we blaming the persons who's houses were broken into? This isn't about marijuana, it's about violent thieves who knew where they could steal something of value, and were willing to kill for it. When a bank is robbed, do the police ask "how much money is too much money"? if a woman is raped, do we say she was too pretty? Too provocative? This is just an excuse to continue with prohibition. Legalize it, and don't blame the victim.

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sate10 said on March 17, 2010 at 6:40 AM

Who cares!!! Try focusing on real problems for once! Bunch of idiots!

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yessir said on March 17, 2010 at 6:36 AM

@rigidprinciples... so are you applying this same mentality to heorin, methamphetamine, cocaine? Are you suggesting we should we just legalize it all?

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ringer said on March 17, 2010 at 5:56 AM

You can make alcohol at home, you should be able to grow marijuana at home. If it were legal there would be no reason to to home invade for it. Pharmacies get robbed all the time. A bigger problem is prescription drug abuse. Since the beginning of the year we have spent 4 billion dollars on prohibition. Think about it.

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firefoxtwo said on March 17, 2010 at 4:56 AM

Why do you think they call it "dope"?

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doctork said on March 17, 2010 at 4:45 AM

For as long as there is stigma associated with medical marijuana, there will be potential for all kinds of unfavorable events. Also, controlled substances theft or robbery is not uncommon when it comes to fully "legal" substances. Just yesterday on the news I heard something about 75 M dollars worth of drugs stolen from pharmacy by thieves who made hole in the roof. We should remember that medical marijuana is effective in a wide variety of medical conditions ranging from glaucoma to pain control to muscle spasms to malnutrition, nausea and many others. At the same time, medical marijuana has not had one single case of fatal overdose, and neither does it have a documented physical withdrawal. In this respect medical marijuana is actually safer than many other controlled prescription drugs that are fully "legal". I am not even speaking of millions that medical marijuana will save on medical costs, and the jobs that it can bring to communities.

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gypsyb said on March 17, 2010 at 12:25 AM

Law Enforcement shouldn't even have anything to do with medical issues. Wake up people. Make marijuana legal and it won't be something people are breaking into houses for. LEAP is right about these ridiculous laws against a plant that was at one time mandated by our government to be grown by everyone or they'd be thrown into jail. Read "the Emperor Wears No Clothes." Who's to say the police aren't the ones setting up the break ins to begin with? I find it very suspicious that now we have the initiative in the works there's lots of medical marijuana home invasions going on, to be plastered in the news.

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treeclimber said on March 16, 2010 at 9:57 PM

Its not legal to grow dope in the state of Washington.unless you have a Licence to grow it. we have liquar stores and there are drug stores. to allow these drug addicts to grow there own is the stupidest thing the state has ever done.the Drug dealers are taking over medical drug growing operation's,and there is nothing the state can do about it. its almost as if the Lawyers who pushed this Medical Law Through, wanted it that way. Big money in drugs and Defending Drug Dealers.

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javajoe said on March 16, 2010 at 9:09 PM

The law is even more confusing for the folks that smoke the stuff. But then again they're probably OK with that :)

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rigidprinciples said on March 16, 2010 at 8:23 PM

The government, at no level, has the privilege to legislate what you can, or can't, put in, or take out, of your body. If they did have that privilege, then they would own your body. It's time we formalize this revolution, and start putting the governments back in their place, one politician at a time.

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aziza said on March 16, 2010 at 7:44 PM

I have the answer! Legalization! It'll take the teeth out of the gangs and our law enforcement can focus on more pressing matters such as sex offenders, murderers and drunk drivers.

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gpage4130 said on March 16, 2010 at 6:33 PM

Unfortunately, the courts are becoming arbiters of a persons "medical necessity". Nothing in the law prevents a prosecutor from filing charges against a legally prescribed medical marijuana patient.

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rubo0077 said on March 16, 2010 at 5:25 PM

Obviously the only laws broken here are operating a business in a residence and possible tax violations. Unless they found more than 24 ounces of usable product. Period.

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speedracer said on March 16, 2010 at 5:23 PM

nope and thats life in america

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lifeinamerica said on March 16, 2010 at 4:46 PM

They did not think of this before?

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