[Vision2020] Colfax marijuana grower charged with felonies

[Janesta]

It is past time to legalize marijuana.

Better to use marijuana to control pain, than to overdose, and die on
opiates,

Janesta

On Fri, Sep 23, 2011 at 10:08 AM, Jay Borden <jborden at datawedge.com> wrote:

> I whole-heartedly agree with the “legalize it/tax it” approach to
> marijuana.  ****
>
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>
> It’s a shame that the person in this article was happy about the bust… not
> because I want to take any wind out of his sails for his willingness to go
> mano-a-mano with the courts…****
>
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>
> … but I fear that in the end the “powers that be” just want him tucked
> away… and to that end, he’ll be found guilty on some completely unrelated
> (and asinine) charge that happened to stick.****
>
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>
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>
> My .02.****
>
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>
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>
> Jay****
>
> ** **
>
> *From:* vision2020-bounces at moscow.com [mailto:
> vision2020-bounces at moscow.com] *On Behalf Of *Tom Hansen
> *Sent:* Friday, September 23, 2011 5:29 AM
> *To:* Moscow Vision 2020
> *Subject:* [Vision2020] Colfax marijuana grower charged with felonies****
>
> ** **
>
> Courtesy of today's (September 23, 2011) Moscow-Pullman Daily News.****
>
> ** **
>
> ------------------------------****
> Colfax marijuana grower charged with felonies****
>
> A Colfax man who had been running a medical marijuana dispensary out of his
> home until a May raid by the Quad Cities Drug Task Force was charged with
> four felonies in Whitman County Superior Court Thursday.****
>
> And Michael Assenberg said it's about time.****
>
> Assenberg, 51, was arrested on May 4 following a task force investigation
> that began in March and included two controlled purchases of marijuana,
> tinctures and edibles, according to a court affidavit filed by the task
> force.****
>
> A search of Assenberg's home produced 97 marijuana plants in various stages
> of development, according to the affidavit. Twelve plants were left for
> Assenberg's wife because she has a medical marijuana card, as does he.****
>
> He was charged Thursday with two counts of delivery of marijuana, and one
> count each of manufacturing marijuana and possession with intent to deliver,
> said Denis Tracy, Whitman County prosecutor.****
>
> But Assenberg said he welcomed the charges - even tried to get busted - so
> he could go to federal court to make his case for marijuana, its medicinal
> purposes and his right as a care provider to dispense cannabis for people
> with medical marijuana cards who can't manage plants for themselves.****
>
> "I had worked hard to make it happen because of the simple fact that I see
> patients all the time getting abused by the law," he said. "As far as the
> criminal case goes, I am representing myself because I had four years to
> plan for this bust."****
>
> Prior to development of a case against the proprietor of Compassion 4
> Patients and Adam's Incredible Medables this year, two cases had been opened
> against Assenberg in 2006 and 2009 that were subsequently closed, according
> to the affidavit.****
>
> "I was hoping some cop or some sheriff would be dumb enough to arrest me,
> and I could use their own law against them," he said.****
>
> Assenberg said he will make a case in court utilizing Article 12 Section 12
> of the Washington State Constitution, which states no law can be passed
> giving special privileges to one class of citizens that are not granted to
> another. He said because Seattle allows for dispensaries to operate, all
> counties must be granted the same right.****
>
> "By creating that class of citizens with the mayor's office, they are
> violating our rights in other counties by not giving us those same rights
> that they have in Seattle," he said.****
>
> He said he will also argue that federal law states a Schedule 1 narcotic
> must have no medical qualities, and marijuana has been allowed for medical
> use and should not continue to be classified as such.****
>
> "I've got a few people that I was helping who are really suffering right
> now," Assenberg said.****
>
> According to the affidavit, Assenberg was operating his dispensary by
> having patients sign a document that temporarily made him a care provider,
> because Washington law stipulates a care provider can only tend to one
> patient at a given time.****
>
> But Tracy said the law has been misinterpreted by many dispensary operators
> across the state thinking they'd found a loophole by temporarily assuming
> the role of a care provider "to allow for a marijuana business."****
>
> "That interpretation was rejected by a jury in Spokane about six months ago
> or so," said Tracy. "In Mr. Assenberg's case, I can say that even if one
> were to interpret the marijuana laws to allow for that sort of thing, Mr.
> Assenberg still falls outside of that interpretation. Even under the most
> loose interpretation, he wasn't compliant with the law."****
>
> Tracy said Assenberg has received a summons ordering his presence in court
> next Friday.****
>
> "For Mr. Assenberg's case, I'm not actually questioning his motives," he
> said. "He may be motivated by entirely altruistic ideas. But what I have to
> look at is his conduct, and I have to follow the law and the people who are
> going to be dealing marijuana have to follow the law, too."****
>
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>
> ------------------------------****
>
> Seeya round town, Moscow.****
>
> ** **
>
> Tom Hansen****
>
> Moscow, Idaho****
>
>  ****
>
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>  ****
>
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