[Vision2020] Colfax marijuana grower charged with felonies

[Tom Hansen]

Courtesy of today's (September 23, 2011) Moscow-Pullman Daily News.

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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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