Oregon Medical Marijuana Takes On Law Enforcement Before Legislators

(SALEM, Ore.) - An overflow crowd of Oregon Medical Marijuana Program patients and activists came together with law enforcement personnel last Thursday to testify on proposed House Bill 3664 before a committee of the Oregon Legislature.

Oregon House Bill 3664 is controversial, opposed by the cannabis community in its entirety, and promoted by law enforcement purportedly to curb “rampant abuse” of the program.

Jennifer Alexander, OCTA 2012

It takes many components from earlier "dead" bills and compacts them into a single bill, according to Jennifer Alexander, with the OCTA (Oregon Cannabis Tax Act) 2012 campaign.

“At this late date in the session, most other committees can no longer introduce new language, but this particular bill is special because it is a "priority bill" from the Chair of the House Rules Committee, Rep. Andy Olson, which can be introduced later than most other bills.”

Olson is a former state police lieutenant with a theory that major drug traffickers are hiding behind the medical marijuana laws.

Attorney Leland Berger who has been representing Oregon marijuana cases since 1983 spoke clearly in his admonition of this bill, and the way it was presented. “You can’t have a meeting and not invite us,” he reminded legislators.

Berger is the attorney who said to expect “500 patients” in the beginning of OMMA (Oregon Medical Marijuana Act); he says now that the program is only serving 9% of Oregonians with approved conditions, which equates about 500,000 people. The nearly 50,000 now on the program is just a smattering of the actual number of eligible sick and ill patients in our state.

Many believe that a regulated supply system would eliminate many criminal aspects of the marijuana industry. “Measure 74 attempted to rectify (that problem) last November but was defeated,” Berger said. Still it garnered 43% of the vote, showing a growing trend toward acceptance of a supply system in Oregon.

“OMMA takes a bite out of the underground market,” Berger said. “You want a bigger bite? Create a licensed and regulated market.”

One of many proposed changes in requirements for patients in Oregon raised flags immediately.

Currently, the Oregon Medical Marijuana Act makes no claims that the herbal medicine will cure or treat any specific illness; it states that medical marijuana may mitigate the symptoms of a variety of illnesses.

HB 3664 would change the wording from “may mitigate” to “will mitigate” symptoms, mandating that doctors sign a “therapeutic value statement", though “Therapeutic Value” is not defined. Activists believe this requirement will serve to basically overturn the OMMA in a single sweep because it cannot be met.

It also requires that growers and caregivers must be 21 or older, though patients would of course be any age. Medicinal marijuana isn’t alcohol, or recreational, and the suggestion that it be treated as such is bewildering to patients, who see it as a restriction molded to create criminals out of law-abiding citizens.

The new bill would also launch national background checks and a new grow site registration, both complete with additional fees, and would provide a list of registered grow sites to the Oregon State Police quarterly, without cause.

Opponents say that releasing private information violates the OMMA and puts patients at risk of home invasions and other harmful consequences.

Jose Garza, a Veteran and medical marijuana patient activist added that the extra expense would be debilitating to poor families. “It is very difficult to come up with the money for doctors visits, so even more restrictions is a real hardship on them.”

In earlier testimony, a police official said that “even a poor grower can easily get two pounds off of a single plant.” Garza said that those production numbers are not at all realistic.

“We dream about that much medicine. They can get three pounds on a year-long grow, but not the way most of us grow here. We’re really hoping for as much as a pound, from one plant.”

Speaking on behalf of fellow Veterans, Garza plead with the committee, “Now I want to talk about PTSD. I’m begging you guys: at some point in time, can we please put PTSD on here?”

He told the committee about Rick Simpson healing hemp oil, and the benefits he receives with only one gram of oil a day. “Because of medical marijuana, I’m able to fit back into my community.”

Medical marijuana has been approved in 17 states and Washington DC, and more are expected to join the grass roots medical movement in the next elections; Veteran’s rights will also be of major concern, and will likely include an increased view of medical marijuana as a viable health option. Oregon will have to revisit PTSD as an accepted condition in the near future.

HB 3664 would also require minors who use medical marijuana to renew their cards every six months, along with a fee, instead of annually like the rest of the population. There are 50 or less minors currently registered with the OMMA and no known problem with minors entering the program. The additional financial requirement would be very burdensome on the patients’ families and the need for such segregation was not demonstrated during the hearing.

Another note of consternation for patients is the possible change in legal protection for sick people traveling from other states, requiring patients “to be Oregon residents”.

“All patients should have access to the same protections from criminal prosecution granted to Oregon residents under the OMMA. This law was intended to prevent those that use medical marijuana from being prosecuted under Oregon criminal laws,” Alexander said.

PART 3:

Attorney Berger added, “This would effectively deny their right to travel².” Which is unconstitutional. “Kill this bill,” he insisted.

An example almost too good to be true, Berger shared a milestone for cannabis with the committee.

“We won today, in the Oregon Supreme Court regarding Concealed handgun licenses,” Berger said. It was a big win for patients. The Court ruled that a federal law barring criminals and drug addicts from buying firearms does not give sheriffs the right to refuse to issue concealed weapons permits to people who qualify, which includes medical marijuana patients.

Patients’ rights were defended, and protected in Oregon’s top court ...An occurrence likely to be repeated.

The last person to give testimony before the committee, Jennifer Alexander gave a PowerPoint presentation¹ including reports of law enforcement abuse of patient data.

“The graphs demonstrate that the counties with the lowest patient populations have the highest police inquiries to the database.”

Marion County has the highest data base, but one of the lowest patient populations. “ALL drug crimes are being searched on the medical marijuana database,” Alexander said. “Not just marijuana cases, and it is not being handled properly even then.”

“The data base should not be the first step. At the point they need to verify, that’s when they should contact the database- not before.” Privacy is a serious issue, not to be underrated. It is a right that Americans take to heart.

“Law enforcement remains the lone organized opposition to medical marijuana in Oregon, and has repeatedly abused and exploited their authority and access to confidential information for political purposes,” Alexander said in a statement. “For that, we would like to see penalties imposed.”

There was little to no feedback from committee members who showed limited interest in the speakers. The hearing began at 3:00 p.m., and promptly ended at 4:30 p.m., though the paper shuffling began minutes before, amid Ms. Alexander’s presentation.

In closing, Rep Andy Olson said, “We are trying to be conscientious. I have personal history with success of medical marijuana. I saw with my own eyes how an MS patient friend of mine benefitted from using marijuana medicinally, so I do understand.”

² - The doctrine of the "right to travel" actually encompasses three separate rights, of which two have been notable for the uncertainty of their textual support. The first is the right of a citizen to move freely between states, a right venerable for its longevity, but still lacking a clear doctrinal basis. The second, expressly addressed by the first sentence of Article IV, provides a citizen of one State who is temporarily visiting another state the "Privileges and Immunities" of a citizen of the latter state. The third is the right of a new arrival to a state, who establishes citizenship in that state, to enjoy the same rights and benefits as other state citizens.

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Comments Leave a comment on this story.

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DoobieDuck November 10, 2011 6:22 am (Pacific time)

thank you for sharing my image with your readers Jeff

Endive May 25, 2011 10:45 am (Pacific time)

We can only hope that common sense and reason will prevail and this bill, a violation of rights to privacy among other things, will fail. The idea of state police or any law enforcement agency having unlimited access to the names and addresses of grower/patients is not only a recipe for potential harassment by law enforcement, but a huge security and safety risk for patients and growers should that CONFIDENTIAL information be compromised. I love this part: "...Olson is a former state police lieutenant with a theory that major drug traffickers are hiding behind the medical marijuana laws." Um, Andy... So anyone with a theory can make up a law revision with no proof? Who makes the determination of "legitimate need"? You? The voters? How about leaving that to the qualified doctors of Oregon to make that determination. However, If we need to know how to pull over a speeding vehicle, we'll ask for your opinion then. I may or may not make Andy's definition of qualified, but I'm not a criminal. I am a father, husband, Oregonian and an American. Don't Tread On Me!

TYC May 24, 2011 3:47 pm (Pacific time)

I just don't get it. Most people I know would not let that nosy neighbor in their house to look around. But, put a uniform on him and that same nosy neighbor will gladly let him in to look around and state, "I have nothing to hide". I really don't think that they understand freedom. What's wrong with these pro-socialist right wingers that want to control every facet of your life?

Gwen May 24, 2011 2:06 pm (Pacific time)

If it's a "theory" he has that they're hiding behind the laws, where's the hard facts and basis? Sounds like he's blowing a lot of hot air up everyone's butts without having any solid foundation for carrying out police home invasions. I don't use the stuff personally, but if we didn't want it, we wouldn't have voted it in and I defend our right to have -whatever- we as a state voted in, to be OUR law...not just something some ex police officer decided he didn't like, so he can start changing bills that we didn't vote for. *shrug* What next? They'll have the right to confiscate our tvs because we watch too much of it and it makes us fat? If anything, letting people grow who have a medical reason TO use this stuff, keeps them from having to resort to buying it from dealers and drug dealers running it over borders. Now that? Is a fact.

Duncan20903 May 24, 2011 10:22 am (Pacific time)

Well you can hardly blame the cops for their position. They all count on that 15-20 hours of overtime to make their personal budgets work, and without the ability to hassle and arrest potheads they wouldn't have access to easy and safe overtime every week. /snark/

Anonymous May 24, 2011 7:24 am (Pacific time)

Jesus said to do unto others as we would have them to do unto us. None of us would want our child thrown in jail with the sexual predators for using a little marijuana. None of us would want to see our parent's home confiscated and sold by the police for growing a couple of marijuana plants to ease the aches and pains of growing older. It's time to stop putting our own families in jail. It's time to let ordinary Americans grow a little marijuana in their own back yards; how about $100 per year for an annual permit to grow a dozen plants? This will go a long way toward putting the criminal drug gangs out of business for good! Also, check out http://www.northpoint.org/ if you’d like to see some more very positive material about Jesus at work in people’s lives.

Anonymous May 24, 2011 7:14 am (Pacific time)

Do Oregonians really want the police to have this much power to look into people's homes?

ConservativeChristian May 24, 2011 7:13 am (Pacific time)

Richard Matteoli May 24, 2011 1:30 am (Pacific time)

With this issue Law Enforcement is taking a general approach: 1). Not differentiating between drug use and drug abuse. 2) Using a Punitative Personality Disorder with their position. 3) Punitive Personality Disorder is often expressed through religious damnations and people who feel their power, control and authority is being questioned and their status as such in controlling others is in jeopardy.

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