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Appeals court upholds Springdale man's marijuana conviction

September 9, 2011

The Washington State Court of Appeals unanimously upheld the conviction of a Springdale man for manufacturing marijuana at his home last month.
Law enforcement officers, aided by aerial observations, raided David Henderschott’s home in August 2008 and seized 181 marijuana plants.
He was charged in September 2009 with use of drug paraphernalia, manufacturing marijuana and possession of marijuana with intent to manufacture or deliver. Henderschott was convicted in Stevens County Superior Court later that year on the manufacturing marijuana charge, a felony.
Henderschott claimed he was legally producing medical marijuana and should not be subject to prosecution.
Stevens County Deputy Prosecutor Shadan Kapri argued in front of the appeals court that Henderson did not meet the guidelines to merit a medical marijuana defense.
Kapri noted that Henderschott’s medical marijuana card issued by Dr. Thomas Orvald was issued on Sept. 16, 2008, more than a month after his arrest.
The prosecutor also argued that Henderschott’s supply far exceeded the 60-day supply outlined by state guidelines.

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