Pubdate: Thu, 16 Apr 2009
Source: Bremerton Patriot, The (WA)
Copyright: 2009 Bremerton Patriot
Contact:  http://www.bremertonpatriot.com/
Details: http://www.mapinc.org/media/2602
Author: Charlie Bermant
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

PROSECUTOR DROPS MEDICAL MARIJUANA CHARGES

The Kitsap County Prosecutor's Office announced last week it has 
dropped criminal charges against a local medical marijuana patient.

Olalla resident Glenn Musgrove, 56, was accused of unlawful use of a 
building for drug purposes. A WestNET report said that one of 
Musgrove's neighbors reported the marijuana grown for medicinal 
treatment was being sold for profit.

Musgrove's caregivers, David May and Jena Milo, also were facing prosecution.

All charges were dismissed.

"After looking over the case, we've decided we will not proceed," 
said Felony and Juvenile Division Chief Tim Drury. "We do not think 
we can convince a jury of his guilt beyond a reasonable doubt."

Musgrove was arrested in March 2008. Many of the details gathered in 
the charging document originated from a confidential informant, but 
WestNET assembled financial data about Musgrove, his brother and his 
caregivers that suggested an illegal drug operation.

This would have been the second high-visibility medical marijuana 
case in Kitsap this spring, following that of Olalla resident Bruce 
Olson, who was acquitted March 24 of similar charges.

Clayton Longacre, who is representing Musgrove, was not immediately 
available for comment.

The previous trial drew medical marijuana advocates from throughout 
the northwest, who provided support for Olson during his trial.

Most had promised the same support for Musgrove.

Alexis Foster, who prosecuted Olson and was also assigned to the 
Musgrove trial, said shortly before the announcement that the case 
was sound and could be proven.

Foster said the prosecution was not based on the use of medical 
marijuana, but was proceeding because her office believed both Olson 
and Musgrove had broken the law. Olson was a certified medical 
marijuana patient at the time of his arrest, but was accused of 
selling his crop to others. Foster said she was not sure Musgrove was 
authorized to receive the drug, but felt he also was engaged in 
activity that did not conform to the law.

"Medical marijuana is not the issue here," she said. "We prosecute 
these cases because we feel the law has been broken."

Drury said Musgrove's illness - he is a quadriplegic and must be 
transported on a gurney - was a factor in the prosecution's decision 
to drop the case. Longacre said Musgrove's condition was the result 
of a back injury and subsequent medical malpractice.
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MAP posted-by: Jay Bergstrom