Several years ago the Medical Marijuana Act was passed by a voter initiative.  This act allows patients who suffer from terminal or debilitating illnesses to have limited use of marijuana if authorized by a health care provider.  Possession of marijuana is still illegal in Washington, but the act provides a defense to those charged with marijuana related crimes.

Currently, the law allows an individual to possess up to 15 plants and 24 ounces of useable marijuana.  The person who possesses the marijuana may either be the qualified patient or a designated provider (grower) to one patient.  However, investigations have revealed that many people are abusing the current law.  Some doctors routinely advertise and will provide authorizations for $200.  Many people grow substantial quantities of marijuana and distribute it without regard to authorizations.

In 2009, the Spokane County Prosecutors Office filed charges against individuals who were operating a marijuana dispensary in the valley.  This was a controversial decision which resulted in many protests outside of the Spokane County Courthouse.  However, last week, a Spokane County jury convicted Scott Shupe, one of the co-owners of the dispensary, on multiple drug trafficking charges relating to the dispensary.

Recently, the City of Kettle Falls authorized the issuance of a business license for the operation of a marijuana dispensary.  At the Kettle Falls City Council meeting last week, the issuance of the business license for this dispensary was discussed.  Approximately twenty individuals attended the meeting and spoke out against the opening of the dispensary.  A petition opposing the dispensary, which had been circulated before the meeting, was presented to the council as well.  Deputy Prosecutor Lech Radzimski was present at the meeting and pointed out that under current law, marijuana dispensaries are not permitted and are illegal.  However, at the close of the meeting, the City Counsel decided not to revoke the license.

The Medical Marijuana Act does not provide for the establishment of marijuana dispensaries.  Marijuana dispensaries are illegal, whether they have a business license or not.  The initiative the voters passed does not say how patients may obtain marijuana, other than allowing them to grow a small amount. At this time, there are measures before the legislature to change the law, and perhaps the legislature may pass the measure and allow dispensaries, but until the law changes, persons who possess and distribute marijuana in violation of the law will be subject to prosecution.