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'Catch 22' prevents Moses Lake man from growing pot

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| June 19, 2014 6:00 AM

EPHRATA - In what he is calling a "catch 22," a Moses Lake man convicted last week of illegally growing marijuana in his home will not be allowed to legally grow pot under the state's recreational marijuana guidelines.

Grant County commissioners rejected Stephen Sandberg's application recently because of previous law enforcement contact at his address. That law enforcement contact is a 2012 arrest for growing marijuana for what Sandberg said was an attempt at a medical marijuana collective garden. The 2012 arrest led to Sandberg's conviction last week of possessing more than 40 grams of marijuana and manufacturing a controlled substance. Court documents state Sandberg had 24, 1-foot tall starter plants and nine, 8-foot tall mature marijuana plants.

After police busted that grow operation and because he is now a convicted felon, Sandberg will not be allowed to legally grow marijuana, according to state law.

Sandberg said he plans to appeal the conviction.

He said he has a medical prescription to grow and use marijuana and was just trying to help out an acquaintance, by growing marijuana for that man's wife, who had a serious medical condition.

That man, he said, was a police informant, trying to get a marijuana arrest wiped from his record.

According to court documents, police did use the help of a confidential informant who was previously arrested for a misdemeanor, but not prosecuted because of his help getting Sandberg arrested.

Sandberg admitted to not having all of the appropriate paperwork in his shed where he was growing the marijuana, like state law requires, because he was in the process of moving.

He said he was upset that Grant County Superior Court Judge John Antosz did not allow his attorney, Bob Kentner, to argue his collective garden defense. He added that over-zealous police and prosecutors make having a legal marijuana grow operation in Grant County nearly impossible.

But, he said, because he was born and raised in Grant County and still has family here, he has no plans to move.

"This is my home, and I do more than just smoke pot. My parents live right across the street," he said.

County commissioners have approved 29 applications for growing and processing marijuana this year. They rejected nine applications, eight because the applicants provided an invalid or incorrectly zoned address and Sandberg's application because of previous law enforcement contact at the address that he listed.

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