INSIDE

Local pleads guilty in marijuana case

By Meg Olson

Point Roberts resident Denise Lopez will pay the mandatory minimum fine for misdemeanor possession of marijuana following a February 22 guilty plea.

Lopez had originally been charged with a felony, delivery of a controlled substance, after she and driver Beth Gellatly were stopped at the U.S. port of entry and two pounds of marijuana was discovered inside a cooler in the vehicle. According to an affidavit of probable cause filed in Whatcom County superior court, Beth Gellatly and Denise Lopez attempted to cross the border into Point Roberts on October 4 at 11:15 p.m. Customs and Border Protection (CBP) officers had received a telephone call earlier with information that Gellatly would be attempting to transport a large amount of drugs within the next “couple of days,” and inspected the vehicle. CBP officers report they detected the strong smell of marijuana when they opened the vehicle’s door. They found two coolers in the backseat and center console which contained four plastic bags of marijuana, as established by a field-test.
CBP officers stated that Gellatly took responsibility for the marijuana and stated that Lopez did not have any knowledge of the marijuana.

Lopez denied knowing the drugs were in the vehicle and said she did not smell the odor, though the affidavit states that CBP officers found it so strong they “could smell it as soon as they opened the door,” and that the drugs were located within reach of both the driver and passenger.

Lopez will pay $250 and serve one day of a 90-day sentence, 89 days suspended, and may serve that day in any available jail alternative program, according to the county prosecutor’s office. Following a February 21 status hearing Gellatly has a new trial date set for May 14 and faces a charge of felony delivery of a controlled substance.