Lynnwood man claims a doctor’s note for his marijuana supply

Published 10:21 pm Monday, March 1, 2010

LYNNWOOD — Detectives suspect a Lynnwood man with a doctor’s note to use marijuana was growing more dope than the law allows.

Investigators found 5 pounds of marijuana in Danny Dao’s 1993 Honda Accord and more than 130 plants in his Lynnwood house last fall, according to court documents filed in Snohomish County Superior Court.

Dao, 24, was charged Monday with two felonies, including manufacturing a controlled substance.

Detectives found documentation that showed that Dao was authorized to use medical marijuana. But the amount of processed marijuana and the number of plants were clearly outside the state’s guidelines, Snohomish County deputy prosecutor Adam Cornell said.

Patients with a doctor’s authorization are allowed a 60-day supply of marijuana to treat debilitating or terminal illnesses. The law doesn’t define a 60-day supply.

At the direction of legislators, the state Department of Health in 2008 came up with parameters to help define a 60-day supply of medical marijuana. State medical officials defined a two-month supply as 24 ounces of usable marijuana and 15 plants in any stage of growth.

But patients, police and prosecutors say the law is hazy.

The confusion played out earlier this month in Snohomish County at the trial of a medical marijuana patient. A former Bothell woman claimed she was only growing enough dope to treat her back ailments. Detectives accused her of using her doctor’s authorization as a cover for selling pot. The jury acquitted the woman.

Detectives with the South Snohomish County Narcotics Task Force in November received a tip about a grow operation at Dao’s house near 54th Place W. Thermal imaging of the house led them to believe there was a marijuana farm inside.

Investigators stopped Dao as he was driving away from his house. They found 5 pounds of marijuana in the trunk of his car and two loaded guns under the driver’s seat, Cornell wrote.

Detectives said that Dao told them he was driving to Seattle to give pot to some friends.

Investigators searched Dao’s home and located 48 mature plants and 83 starter plants.

The amount of marijuana and his statement that he was going to give marijuana to friends belied the medical marijuana documentation, Cornell wrote.

Diana Hefley: 425-339-3463; hefley@heraldnet.com.