Growers Outlet in South Bend was busted twice in 2018 for selling to a minor and allowing a minor to frequent a restricted area. Two separate sting operations were conducted by the Washington State Liquor and Cannabis Control Board (WSLCB).
During both stings a minor was able to gain access and complete a purchase. One of the workers who sold to a minor is now facing a felonious charge and possible prison time.
Facing a felony and special prosecutor
The former budtender, 24-year-old Katrina Ege, has been charged with a Class C Felony and may face up to 5 years in prison and a $10,000 fine for selling a controlled substance to a minor. Even though Washington state legalized marijuana it is still classified as a controlled substance when sold to a minor and is considered a felony violation.
Due to a conflict of interest, Pacific County Prosecutor Mark McClain handed the case over to the Lewis County Prosecutor Jonathan Meyer to be the special prosecutor.
The Herald reached out to Meyer for comment on the case and to learn about why it has been presented as a felony charge. "She is being charged with the crime she committed," he said. "Unfortunately there is an anomaly in the law and until its fixed, it [change] is on hold. This isn't necessarily how it's handled everywhere but it's how we handle it. It's up to legislature to change the law."
Failing to stop access
The first violation at Growers Outlet occurred approximately 9 months prior to Ege's violation. At that time, no additional screening protocols were established and access was still able to be gained without an immediate ID verification upon access.
Most marijuana stores in the state have ID checkers and/or ID scanning devices immediately inside the door to prohibit access by a minor. If a minor is able to access beyond a few steps from the entry point an "allowing a minor to frequent a restricted area charge" can be cited. During both stings, the charge was cited against the store.
Growers Outlet is also accused of not providing proper training to employees on how to check an ID. A request for comment on the claims and a series of questions about how the store handled the first offense was emailed by the Herald to Growers Outlet store owner Andrew Tessier. The email has not been answered.
Other counties handling it differently
The Herald reached out to multiple counties in Washington state who have seen similar WSLCB violations within the last year. All counties that were spoken with deferred to charge the workers with a felony charge and instead either pursued a lesser misdemeanor charge with a deferral or chose to leave it at the fine issued by the WSLCB.
Grant County Deputy Prosecutor Alan White was the most willing to speak officially and stated, "typically we will look at the person's past to see if there are any prior similar violations. It helps to determine if this is a repeat offense. If this was simply someone who just forgot to check an ID there is no reason to charge a felony. If that's all it was then I see no reason to ruin a young person's life for making a mistake. It would be treated the same as a bartender who sold to a minor."
McClain's office handled two other cannabis worker sales to a minor cases during 2018 with one being also at Growers Outlet. The then budtender, Hannah Thomas, reached an agreement of criminal conspiracy to deliver a controlled substance to a minor prior to a charge being filed and did not face a felony. A public records request has been filed with the WSLCB to obtain information on the other offense that occurred in south Pacific County.
Not the vision intended
The Herald reached out to the WSLCB to request comment on a cannabis store worker facing a felony charge for selling to a minor. According to the agency, a felony charge is not part of their vision and stated, "we believe the charge should be handled the same as a liquor violation. We have rallied for the change in the past and will continue to do so. Facing a felony charge is not what we would like to see but prosecutors do have their prosecutorial discretion."
Defense attorney and former candidate for Pacific County prosecutor Pam Nogueira Maneman also issued her comments on the Ege case. "As a board member of the Road 2 Resiliency Coalition, I believe drug-use prevention among our youth is one of the most important ways of combating drug addiction in our communities. We do great work promoting awareness, providing resources to our youth, and ensuring local businesses and professionals understand the impacts their actions may have in the lives of our children and neighbors."
She continued, "Yet, comparing a bartender or marijuana shop employee to a drug-dealer is nonsensical in my eyes. As a taxpayer and member of this community, I wish our budget was spent prosecuting actual drug dealers. As a criminal attorney, I have not encountered or heard of charges such as this in other counties."
Problems with the initiative process
Several sources that were spoken with regarding the Ege case mentioned it showcases the problem with the initiative process. Each noted that often initiatives are presented incomplete and missing key details. Several problems with the marijuana legalization initiative have arisen since being voted through with the discipline of industry workers now taking the front line. Due to how the current law is written cannabis store workers who sell to minors, can under the law, face a felony charge.
Legislature passes bill; changes penalties
House Bill 1792 passed through the Washington State Senate on Monday, April 15 and then the House on Monday, April 22. The new law has redefined the penalties for cannabis industry workers. Under the new law a worker who sells marijuana to a minor may face a gross misdemeanor. If a worker sells to someone that they know is underage then they can still face a Class C Felony charge. The bill has been sent to Governor Jay Inslee to be signed.
The changes however, are not retroactive and are not expected to affect the current case against Ege. If found guilty she could face up 5 years in prison and up to a $10,000 fine. The trial date has been set for Friday, May 17 in the Pacific County Superior Court. She is being represented by Attorney David Arcuri from Chehalis.