Washington v. Shupe
Washington Court of Appeals
289 P.3d 741, 172 Wash. App. 341 (2012)
- Written by Patrick Speice, JD
Facts
Scott Shupe (defendant) was arrested and charged with manufacture of a controlled substance, possession with intent to distribute a controlled substance, and delivery of a controlled substance for operating a medical-marijuana dispensary. The Washington-based dispensary kept records of all sales, including a copy of each customer’s medical-marijuana documentation and receipts showing the date and time of each sale. At trial, Shupe claimed that the medical-marijuana sales were lawful because Shupe qualified as a designated provider who could lawfully dispense marijuana to patients under Washington’s medical-marijuana law. To qualify as a designated provider, the medical-marijuana law required that an individual provide marijuana to only one patient at a time. To that end, Shupe testified to only selling marijuana to one patient at a time, as shown on the dispensary’s time-stamped receipts. The state argued that Shupe did not qualify as a designated caregiver because Shupe’s sales to numerous customers violated the requirement that a designated caregiver provide marijuana to only one patient. Shupe was convicted and appealed.
Rule of Law
Issue
Holding and Reasoning (Sweeney, J.)
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