Police have second go 'round with medical marijuana patient

By Jay Patrick
World staff writer
Posted August 02, 2008



WENATCHEE — A Peshastin man arrested last year on suspicion of growing and selling marijuana who was never charged with a crime now faces many new accusations stemming from a Chelan County Sheriff's Office sting.



In August 2007, Sheriff's Office deputies, acting on a tip from an informant, raided 50-year-old Antonio Tucker's Peshastin home. They reported finding a room outfitted for growing marijuana, 60 juvenile pot plants and 10 pounds of leaves and stems, material typically left over after marijuana buds are trimmed and prepared for sale. In a briefcase in the living room, Det. Jeff Dilks said he found $1,100 in cash. Investigators later discovered $19,000 in cash in a safe deposit box belonging to Tucker at a Leavenworth bank.



In an affidavit dated June 17, Dilks indicated the money smelled strongly of pot.



"I did not need a narcotics detection dog," he wrote.



Referring to the 2007 case, Dilks concluded: "It was my professional opinion that he had been involved in the cultivation and sale of marijuana for at least several years." Deputies arrested Tucker on suspicion of possessing marijuana and money laundering.



Dilk's noted in his affidavit, "Tucker appeared to have a legitimate prescription for medical marijuana displayed in a frame on his wall." A 1998 state law says patients with a prescription from an authorized doctor can keep on hand up to a 60-day supply of marijuana for medicinal use. The Legislature, however, never defined how much pot constituted a 60-day supply, basically leaving it up to local law enforcement and prosecutors to make the call.



In his affidavit, Dilks wrote that the evidence indicated Tucker was dealing with more marijuana than could be legitimately claimed for personal use. At the time, Sheriff Mike Harum said, "He had 10 pounds; it was obviously not for his personal use."



However, the county prosecutor never filed criminal charges. Why is unclear. Jim Hershey, the deputy prosecutor who handled the case last year, declined comment, saying only, "We haven't made an ultimate decision." Chelan County Sheriff's Office spokesman Lt. Jerry Moore declined comment.



Hershey is also the prosecutor in the new case against Tucker, which came about through a series of choreographed phone conversations and drug deals between an informant working with deputies and Tucker from early May to early June. In a raid of Tucker's home June 10, deputies reported finding one-quarter pound of packaged pot, 25 live plants, eight plants harvested and drying and an amount described as "a large quantity" on a table that was apparently in the process of being clipped. Also found was a room outfitted with growing lights. Tucker had $2,200 cash in his pocket, Dilks wrote.



While compiling evidence against Tucker using the informant, Dilks said an auto mechanic who had recently done work at Tucker's home went into the house looking for Tucker and said he saw at least 50 marijuana plants ranging in size from three-and-a-half to four-feet tall, as well as a bundle of what appeared to be $100 bills with a note next to it that read, "$50,000."



Tucker was charged June 13 with unlawful delivery of hashish, unlawful possession of marijuana with the intent to distribute, unlawful possession of cocaine and unlawful manufacture of marijuana. He pleaded not guilty to the charges June 25.



"It's more of a political case if you ask me," Tucker said in a brief phone interview last month before referring questions to his attorney, Bradley Drury. Drury said the medical marijuana issue could come up in the case.



"One of our defenses could be that this was reasonable use. We just haven't determined what that is yet," Drury said.



The state Department of Health, at the order of the State Legislature, recently proposed a definition of "60-day supply" as "24 ounces of usable marijuana, and no more than six mature plants and 18 immature plants." The proposed limits are the same as are in effect in Oregon. A hearing on the proposed limits is scheduled for Aug. 25 in Tumwater.



Drury did not respond to a request for comment this week. In the prior interview, Drury said he was in the process of verifying if Tucker's prescription, apparently issued by a doctor in Bellevue, is valid. Drury would not disclose what condition Tucker suffers from that requires the use of marijuana.



Tucker's trial is scheduled for Sept. 9.



Jay Patrick: 664-7155



patrick@wenworld.com



http://wenatcheeworld.com/apps/pbcs.dll/article?AID=/20080802/NEWS04/390417277


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