MYNORTHWEST NEWS

Key court ruling on medical pot favors Spokane man

Dec 11, 2012, 2:44 PM | Updated: 5:02 pm

A state appeals court tossed out the drug trafficking convictions of the first man to operate a medical marijuana dispensary in Spokane, Wash.

The 2-to-1 ruling by the Division III Court of Appeals clears Scott Shupe, who freely admitted selling medicinal marijuana to more than 1,200 patients, but to no more than one at a time. That was critical to the appeals court ruling. The appeals court rejected the state’s argument that the medical marijuana law restricts sales by any provider to just one patient, period.

The appeals court dedicated significant language to analysis of one phrase in the state’s Medical Use of Marijuana Act, which allow a provider to sell medicinal marijuana to “only one patient at any one time” and focusing on the definition of the word “at.”

Schupe was convicted in March, 2011 of delivery of a controlled substance, possession of a controlled substance with intent to deliver and manufacture of a controlled substance but his prison term was delayed, pending the appeal.

The ruling seems to clarify the state rules for selling medicinal pot in Washington but it’s still not clear how the federal government will enforce its ban on any sales or possession of marijuana, medicinal or other.

MyNorthwest News

(Photo courtesy of KIRO 7)...

KIRO Newsradio staff

Early morning shooting in downtown Tacoma leaves two dead, one injured

Police in Tacoma are investigating the deaths of two men following a shooting in the city's downtown area.

11 hours ago

A photo of a bald eagle. (Photo: Jonathan Bachman, Getty Images)...

MyNorthwest Staff

Lummi Nation member pleads guilty to federal charges after two bald eagles allegedly shot

A 39-year-old Lummi Nation member pleaded guilty Thursday to illegal firearms possession and two violations of the Bald and Golden Eagle Protection Act.

17 hours ago

The location of the Vertical Evacuation Tower will be near the Westport Marina. It will be the thir...

Tom Brock

Rising above the risk: Westport breaks ground on Washington’s newest tsunami refuge

The city of Westport broke ground Saturday on what will become Washington state's latest tsunami-safe location: a new vertical evacuation tower.

1 day ago

Dolly Parton...

Associated Press

Dolly Parton’s nephew wants more time to defend himself against restraining order from her estate

Dolly Parton’s nephew wants more time to get a lawyer in place to defend himself against a temporary restraining order.

2 days ago

bellingham crash...

MyNorthwest Staff

Northbound I-5 in Bellingham fully reopens after 3-car crash; injuries reported

Northbound I-5 has fully reopened in Bellingham at Iowa St., milepost 253.

2 days ago

coast guard murder 18-year-old...

MyNorthwest Staff

18-year-old charged with murder in Skyway shooting death of Coast Guard officer

An 18-year-old Covington man is now charged with second-degree murder in the August shooting death of Coast Guard Lt. Connor Overstreet.

2 days ago

Key court ruling on medical pot favors Spokane man