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Capitol Hill dispensaries gone in a puff following DEA letters

Some of the posted rules as the apparently shuttered BOTH Collective on 10th Ave (Image: CHS)

As Washington voters consider radically reshaping the state’s relationship to the drug, a contingent of businesses providing medical marijuana that debuted in recent months across Capitol Hill amid pride in product and compliance with local laws has quickly and quietly wafted away. In the end, all it took were letters from the Drug Enforcement Agency.

“I’ve always expected this,” Cass Stewart of Broadway’s Apothecary Seattle told CHS. “It’s a disappointment but it’s not a surprise.”

Stewart’s Apothecary debuted on Broadway above a Castle sex store and a Subway sandwich shop in March 2011. The dispensary was part of a wave of providers coming to Capitol Hill as shops sought out turf in the city’s loosening medical marijuana environment even as the federal stance on the drug remain mostly unaltered.


Medical marijuana — and candy pops — inside Apothecary Seattle this spring (Image: CHS)

That federal vs. local tension busted late last month as the DEA notified dispensaries across the city that it was coming for them. The letter warned that dispensaries must be at least 1,000 feet from schools, parks and other fuzzily defined entities, people familiar with the warnings said. The Apothecary was told it had 30 days to comply — even though Stewart says the DEA never told him what, exactly, his dispensary is too close to.

Stewart tells CHS his only choice has been to close down the active dispensary on Broadway and try to sort out what comes next — if anything — for the Apothecary Seattle business.

“We want to try find a way to serve our patients,” Stewart said.

Meanwhile, CHS is told the people behind 10th Ave’s BOTH Collective have also received the dreaded DEA letter and have decided to cease operations. Messages to BOTH have not been returned. We reported on BOTH’s April 2011 debut in Pike/Pine here.

We visited with both the Apothecary’s Stewart and BOTH’s Corey Bessette this spring to find out how the dispensaries had fared in their first year on the Hill and what was ahead:

Make no mistake — Capitol Hill’s remaining dispensaries are operated as non-profits and take on clinical terms like “medicine” and calling customers “patients,” but they are also operated as businesses with bottom lines and situations familiar to any entrepreneur.

“We’ve grown,” Bessette said. “We’ve hired on five different people in the last year.” Bessette says the typical BOTH member might spend around $80 a week on cannabis and that they currently see around 50 people a day come through their lower level 10th Ave facility.

“We’re the new gay,” Stewart said of pot-smoking acceptance at the time. “It’s like coming out. It’s a big moment for people.”

The providers told CHS of more and more signs of acceptance and change in the city. To purchase marijuana, members must have an authorization card from a provider certifying the holder has “qualifying conditions” as laid out in RCW 69.51a. The dispensary operators reported an increase in the number of authorizations from primary care providers and big health care facilities. We also reported that the price of marijuana on the Hill had plummeted more than 15% from spring 2011.

For all the progress, the past year also brought setbacks including federal raids last Fall and guilty pleas by Seattle dispensary owners on federal drug trafficking charges earlier this summer. The busts make problems faced by Capitol Hill dispensaries — this concern was shuffled along because of the odor, reportedly — seem quaint.

BOTH’s subterranean 10th Ave home (Image: CHS)

What is next for people who have become accustomed to getting their marijuana from Capitol Hill’s dispensaries is not clear. Stewart said it is likely some will return to buying the drug on the street. He did not want to speculate what effect November’s vote on I-502 could have on Seattle’s existing dispensaries. If approved, the initiative will pave the way for the state to license — and tax — the sale of marijuana. Approved stores would be allowed to sell customers 21 and older 1 oz. of marijuana, marijuana-infused product in solid form by the pound, or up to 2 liters of marijuana-infused beverages.

Meanwhile, not all is lost for the people behind the dispensaries that have closed after receiving the DEA letters. Some entrepreneurs have used the time to establish new products while others learned the ropes of keeping a medical marijuana service operating in a safe, secure and neighbor-friendly manner. There’s the possibility that Apothecary, BOTH and the like will live on with shifting services and roles within the medical marijuana community. Changes in the state’s treatment of the drug on a personal level may change soon. Still, the episode with the DEA will also likely encourage anybody involved in the industry to maintain a light, nimble operation. The only guarantee is change.

Stewart said the federal intervention is a reminder that Washington D.C. continues to take an agressive stance against marijuana even as local laws shift.

“It’s a bit of a frustrating thing,” Stewart said. “Seattle has really been out front in trying to be compliant.”

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resident
11 years ago

but i can get alcohol all over the place. so dumb.

mack
11 years ago

Cass et all,
Look, I think pot should be legal too. I smoked a *lot* back when young, and now im 35, working professional. Sold a company to microsoft, now days run dept for fortune 500, and sometimes take a puff etc.

I would love to see us quit wasting tax money on drug war, but sick of your type crap saying ‘medicine’ – lets be real, you trying to make BANK off pot legally. I live a few blocks away from this, do we really need 5 pot shops on every block? GREED.

I Know how I’ll be voting in Nov. You wont be voting YES, because there goes your profit margins….

I feel for ya, but you are not fooling anyone, outside of local hippies.

kimpunkrock
11 years ago

totally LAME I lost safe access in my neighborhood, 2 of the places I went to BOTH and the other place are GONE! anyone know of any other access points in cap hill?

kimpunkrock
11 years ago

YOU have no idea what you are talking about =–at all…Just because you smoked when u were younger doesnt mean you know anything about the plant–at all. It is more medicinal than it is a drug and if you bothered to do the research you would know.

Personally your comments make me sick, the only person you are fooling in regards to you having any intelligence or critical thinking skills is YOU!

Hmm
Hmm
11 years ago

You’re calling running a non profit organization GREED?! All the while boasting about your corporate accomplishments?

Consider those who do use marijuana as medicine, and maybe don’t want to have to buy it on the black market. This is a reality.

Do you think that your occasional ‘puff’ doesn’t waste tax money on the drug war, but an organization selling it does? The federal government has the same stance on the pot you bought on the black market as the pot they sell at the dispensaries.

etaoin shrdlu
11 years ago

It’s good to see the Obama administration is keeping its federal law enforcement priorities straight.

But I joke.

George
George
11 years ago

Please remember,we voted into law medical mj in this state – apparently voters do not count. What power to the people?

Interesting.

Christianoh
11 years ago

TOTALY agree with Mack. I know one “clinic” manager and he is a big greedy idiot. He knows damn well that pot isn’t a medicine and is only trying to make money and lots of it. Of course I don’t think pot should be illegal nor should heroin for that matter. I will be very happy to see less of these phony clinics in the neighborhood.

russ
11 years ago

“The Apothecary was told it had 30 days to comply — even though Stewart says the DEA never told him what, exactly, his dispensary is too close to.”

Sounds like they might be too close to Cal Anderson Park, Seattle University and Seattle Central Community College. Schools are schools.

Anyone else find it ironic how *some* of these dispensaries demand to be treated just like pharmacies, yet they look nothing like them? Let rent out an office space, buy some display counters a cash register and not even bother to put a coat of paint on the walls?

lifeguard
11 years ago

Guns for the mentally ill but no medicine for the sick.

sammyg
11 years ago

I agree with Mack as well. I think we need to legalize it. It makes me sick that these dispensaries want to keep it illegal just so they can protect their profits.

btw – people who think nonprofits cant rake in the dough are clueless. There are many ways to get rich while running a nonprofit. Owners of the business can claim exorbitant salaries for themselves and hide income in many different ways. Nonprofit does not mean all profits going back into the business. Go to business school.

James
James
11 years ago

Wouldn’t be very smart to invest money in an office, i.e. paint as you suggest, when there’s a good chance that a) the Feds might shut you down or b) the voters will pass a referendum that would essentially put you out of business.

Adrianna
11 years ago

Medical marijuana is mercy and has been critical in my gaining the ability to walk again. Yes, weed has been the miracle that allows a cripple to walk. It has worked when nothing else has.

I will give you the short version of my story. I got very sick because of the medications I was taking lowered my immune system and allowed me to get Shingles (herpes zoster virus). Horrible, truly horrible. This left me bed ridden for 4 weeks. When I finality did get out of bed I was left with damaged nerves and muscles. Standing up long enough to cut an apple was impossible – standing was just too painful. Sitting on certain surfaces or in one position for too long caused mind numbing pain.

I went to a whole team of doctors all of whom could not help me. I went extensively to a pain management doc and a spine doc, had imaging done and all the bells and whistles. I was precribed the full gamut of pain meds, none of which worked for me and only made me so nauseous that walking was a ludicrous idea. Additionally, the pain pills helped nudge on some liver damage. I had a prescription for Oxycodne and I wound up only using a few pills. I think I must be one of the few people on the planet not impressed by Oxycodone. I threw them out. Eventually the pain and spine doc said there was nothing more they could do for me.

I just want to walk and function normally with a minimum of pain. Or maybe even have a pain free life. Is that too much to ask? Before trying medical marijuana I tried many other therapies not listed here. I did more than my due diligence. In order to currently qualify for a MMJ card one must be suffering from a debilitating condition that is “unrelieved by standard medical treatments and medications”(RCW 69.51A.010). It takes a lot to qualify for a MMJ card.

My whole life for the last 10 months has revolved around pain. When I injest MMJ I can stand, take a shower by myself, and other basic self care tasks. MMJ makes it possible for me to be pain free enough to do physical therapy. It is a gift of mercy to be able to consider that maybe in a year or two I might be able to walk to the corner store or even go back to work. For now I am thrilled when I can do my own laundry and not have to rely on my boyfriend to do it for me.

This is not about a license to party, it is about giving fellow human beings the opportunity to become a functioning members of society who otherwise might be in too much pain. Medical marijuana is about compassion just like when morphine is administered in hospitals.

I assure you, this IS about medicine. You or some one you know at some point in your life will have a “terminal or debilitating medical condition” that is “unrelieved by standard treatments and medications: (RCW 69.51A.010)

Please read the law: http://apps.leg.wa.gov/RCW/default.aspx?cite=69.51A

THANK YOU FOR THIS
11 years ago

I am a non-smoker who found herself working at a fledgling MMJ clinic while struggling with unemployment after the bottom fell out of my industry. I’m a competent administrative professional and learned more about medical marijuana, the research, the laws, and the complications from many patients and providers – and it blew my mind. The people I met suffering from debilitating conditions, the 2-3inch pile of medical records per person proving standard treatments weren’t working (sometimes for *years*), and the due diligence that is required was eye opening and educational.

Are there greedy charlatans? Absolutely. You have that in every industry that exists. But that doesn’t mean there aren’t good people doing great work to genuinely help those in pain.

Adrianna
11 years ago

Do you have any idea what it takes to purchase something at one of these places? Often they are not on street level, you have to get buzzed in and go through multiple doors. Then you must present your hard won MMJ card and WA state ID, wait until the receptionist verifies your card is valid and then you may go into the room where the medicine is kept. I did not have to go through any such thing to get oxycontin, vicodin, etc. If I go with my boyfriend so he can help me with stairs, doors and the like, he must wait out in the waiting room and is not allowed anywhere near the room with the weed.

As for the scruples of those selling it have you looked at the scruples your your local chain pharmacy lately?

I have serious mobility issues and having to go all the way up to Lynnwood is a major pain in the ass – literally for me.

umvue
11 years ago

Of course! Who hasn’t?! It’s a friggin’ Schedule 1 controlled substance. The Department of Justice is playing nicer than they might.

JimS.
11 years ago

First, let me say that I favor legalizing it too, and I’ll be voting “yes” even though I suspect it won’t make any difference;, and even though I haven’t smoked in years, nor do I care to again even if it’s legalized. I could justifiably get an authorization from my doctor, but I don’t want to.

That said– I think what sticks in the claw of a lot of people is that so many people now accessing “medical” marijuana aren’t the least bit sick. It’s a joke. Yes, for many people who need it, it’s a medicine. But for a helluva lot of others, they’ve got no need. When you can walk into a referring doctor’s office and say what amounts to “oww, it hurts” and walk out with an authorization without too much more trouble, it’s no surprise so many of the so-called “patients” are 22 years old and have zero “health problems” that others who really need it do have. Let’s not pretend otherwise, everyone knows it’s true.

But none of this game would be necessary if it were legal, which it should be.

JimS.
11 years ago

You’re right of course. With their philosophy of “limited government”, the Republicans would CLEARLY be more protective our patients’ rights to medical marijuana. We should elect Mitt, he’ll get the DEA off eveyrone’s back. Right?

Adrianna
11 years ago

@ JimS: Thank you for writing something intelligent. We all do the best we can for our own health and sometimes it leads us to some unorthodox places.

Often one has no idea about another person’s suffering. My boyfriend on the surface looks like a perfectly healthy 24 year old with a bounce in his step. In truth he suffers from panic attacks, Asperger’s syndrome, bowel obstructions and anxiety that make him spend hours at a time hiding in closets. You can’t always judge a book by it’s cover. I used to be of the same mind that all these apparently healthy 20 somethings were just using their ouchie to get some party materials.

Then I was surprised at how hard it actually was to get an MMJ card and the risks associated with it. I could face incarceration just for sucking on a hash lollipop so I can take a bath unassisted. My point is that one does not get a MMJ card as easily as one might think.

Doctors must do many things to follow the law including “Documenting other measures attempted to treat the terminal or debilitating medical condition that do not involve the medical use of cannabis” (RCW 69.51A.030).

I am surprised that your doctor would so easily prescribe a medicine that could have so many repercussions for you. The law is quite clear that doctors may only prescribe it under very strict guidelines and clearly defined circumstances.
(See here: http://apps.leg.wa.gov/RCW/default.aspx?cite=69.51A.030)
It your doctor is so careless to prescribe you something that could land you in jail when you yourself say you do not need it, , you might want to consider getting a better doctor.

lifeguard
11 years ago

>> “”I’ve always expected this…” It’s a friggin’ Schedule 1 controlled substance”

What the fuck are you babbling about? The dispenceries were notified they were in violation of WA state law — not federal narcotics law.

etaoin shrdlu
11 years ago

When it comes to the feds wasting enormous sums of money harassing pot smokers, it clearly doesn’t make any difference whether the White House is blue or red.

How’s that “hope” and “change” thing working out for you, pal?

umvue
11 years ago

Gee, I think I recall fucking babbling about the fucking article quoting the fucking “dispenceries” operator. My apologies for not annotating each sentence for the reading and comprehension impaired. As a side note, have fun with http://www.justice.gov/dea/docs/marijuana_position_2011.pdf

Tim Crowley
Tim Crowley
11 years ago

“Capitol Hill dispensaries gone in a puff”.

Why must every headline about cannabis have to have some silly pun?

We’re talking about peoples lives here. it’s not funny.

fanny
11 years ago

“We’re the new gay,” Stewart said of pot-smoking acceptance at the time. “It’s like coming out. It’s a big moment for people.” That is the most offensive thing I have ever read in the CHS blog. Yeah sure. Teenager
get beat up in high school when people suspect them of smoking pot. People are denied marriage when they are pot smokers. People commit suicide because they think the world won’t accept them as a pot smoker. Yep. Sure. Stewart, pot smokers are totally the new gay. You are the new Rosa Parks. Please lead us. Stand up for yourself as well as all of us. Please give those closeted smokers a world where they can tell everyone that “God grew it, why can’t I smoke it.”

fanny
11 years ago

Yes. This is a life and death situation.

Jeff
Jeff
11 years ago

Sad to see these places go. I really enjoyed the people at BOTH and though I wasn’t a big spender there, I did stopping in once a month for some edibles. My guess is that they were just too close to Seattle U, Cal Anderson, and Seattle Central. Given the prices of real estate, it’s going to be difficult to find a safe space that fits the criteria while being affordable. The prospect of buying on the street doesn’t thrill me (and those places are even MORE likely to be in a part or at a school!)

There are still plenty of places along Lake City Way and there are several useful phone apps that will point you in the right direction.

JimS.
11 years ago

Adriana,
Your points are all well-taken, and I’m sure there are lot of people who on the surface look fine but do have underlying medical conditions which require use of MMJ. But, I am also sure there are many who do not. That’s all I was saying.

As for my doctor– you’re reading something into it which I didn’t say. My doctor isn’t careless, and he would NOT provide me an authorization to me without really needing it. I do have a condition which would qualify me for an authorization. I just don’t want it.

But even though I have no desire to consume, I’m voting “yes” for it anyway. It’s just the ludicrousness of the laws I was commenting on. It’s not my business who does, or doesn’t smoke it, if they want to.

JimS.
11 years ago

It’s working great, thanks for asking.
And thanks for the cutesy, snarky, parroting of the “how’s that workin’ out for you?”. It just never gets old.

It’s working out a fuckofalot better than it would’ve given the alternative. Of that, I’m quite sure. Listening to a doddering old hawk and Caribou Barbie would be more than I could’ve endured. You betcha.

russ
11 years ago

Well they didnt have any problem investing in growers, unless they were already in the business of selling mj illegally.

If you want to be taken seriously, no different than a pharmacy, because you honestly think this is medicine, then spend 100$ on some paint, try not to make you dispensary look like a common head shop.

Baba O'Reilly
11 years ago

Nice try, DEA.

outrage overload
11 years ago

http://blog.norml.org/2011/09/19/marijuana-arrests-driving-a

Ever heard of the prison-industrial complex? It’s not gay arrests that are fueling it..

ugh
ugh
11 years ago

typical Obama

Not a Druggie
11 years ago

I’m going to voice an unpopular viewpoint. I’m glad these places are gone, and I’m glad that the DEA is doing their job. While I believe that medical marijuana is helpful to some in certain medical conditions I also believe that it’s far too easy to get one of the cards that say a person needs the stuff for medical reasons. Most people just want to do drugs, and this is not beneficial for anyone. Also, as a non-smoker in a city entranced by this noxious weed, I am tired of having to leave places because it is so often smoked in public. I’m all for keeping it locked down and finding some legitimate way to make it available to the few who really medically need it so they can consume it in private. And for those who feel it isn’t harmful at all, they should meet the middle-aged people I know whose brains have been permanently turned into sludge by this supposedly-safe intoxicant.

calhoun
calhoun
11 years ago

JimS: Of course you are right that many (not all) who get medical marijuana authorizations are doing so fraudulently and to use the drug to party. Yes, the law does make it seem like doctors/providers must follow strict guidelines, but in reality this does not happen alot of the time.

Are you aware that two naturopaths are now being prosecuted for too-easily handing out authorizations at last year’s Hempfest? This is just the tip of the iceberg. The same thing happens in clinics every day, and especially at the dispensaries themselves, where the owners hire providers to authorize (with scant documentation of a qualifying condition, if any) so that they can get more business. There might be some people (like Adrianna) who follow the rules, but there are many more who do not.

calhoun
calhoun
11 years ago

I agree with you. If marijuana truly is an effective “medicine” for certain conditions….and that is far from proven in controlled medical trials….then the FDA should change its status as a “Schedule I” drug to another category, which would then allow it to be sold in pharmacies under a doctor’s prescription, just like any other medication. This would allow those who need it medically to get it, and those who use it recreationally to no longer abuse the current law.

If the FDA did this, it would at the same time end the conflict between federal and state laws.

dwtbk
11 years ago

The A clinic was a joke and was started to get girls; heard that from the owner. Ok lets get some passion and compassion and start making this right and not for the wrong reasons. Be a leader not a spoiler. I love Capitol Hill and people coming in here thinking they can do what they want and treat people bad is not a good way to represent a medical clinic; if we don’t want this to be a joke stop the joke and get serious.

etaoin shrdlu
11 years ago

“Listening to a doddering old hawk and Caribou Barbie would be more than I could’ve endured. You betcha.”

Well it’s all about you, isn’t it, smart guy. Sadly, the doddering old hawk could hardly have killed more innocent civilians — men, women, and children — in airstrikes around the third world than our current war-criminal-in-chief. According to a count by the Bureau of Investigative Journalism, Obama has launched drone strikes in Pakistan alone over 330 times with up to 852 civilian casualties.

Oh the hope. Oh the change.

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