Keizer Medical Marijuana Fiasco Obliterated

(SALEM, Ore.) - Anthony Wyatt Beasley of Keizer, Oregon has been vindicated, as has the Oregon Medical Marijuana Act... although the officials in Keizer and Marion County are clearly too dishonest to admit it.

In the November 9th 2007 issue the Salem Statesman-Journal newspaper reported that the Marion County grand jury convened for the case refused to indict on the charge of unlawful manufacture of a controlled substance within 1,000 feet of a school, a class A felony (the same felony class as Murder) returning a finding of 'not true bill'. In our judicial system grand juries are such a formality in virtually all cases that it has been widely stated that any attorney worth the name can indict a ham sandwich for murder.

Apparently one can only conclude one of three things regarding Marion County Deputy District Attorney Courtland Geyer, the DA official quoted in the article and presumably the attorney carrying the case to the grand jury - either they had no case in the first place, that Marion County Deputy District Attorney Courtland Geyer is clearly not much of an attorney, or (the most likely conclusion) BOTH.

Marion County Deputy District Attorney Courtland Geyer was also quoted in the article making the ludicrous statement "It would be a very bad mistake to interpret the result of this case as some broad declaration statewide of legality," Geyer said. "We have other indictments on this issue in Marion County, and we will continue to prosecute."

Oh really? Is that so? How many cases have they actually indicted OMMA card holders for distilling hash oil? I, for one, cannot find any record of a single one. It seems quite clear that the practice of the Marion County District Attorney's office seems to be to obfuscate and blur the distinction between those who 'manufacture' hash oil who do not possess a valid OMMA card and those who do. One would clearly be a criminal act while the other, just as clearly, would not.

In my previous commentary at the timeof the arrest I pointed out the law as written, to wit:

The Oregon Revised Statutes define "usable marijuana" – that is, what substances qualify as medicinal marijuana – as "the dried leaves and flowers of the plant Cannabis family Moraceae, and any mixture or preparation thereof, that are appropriate for medical use."

The Oregon Administrative Rules – a set of legally-binding rules that further govern the medical marijuana program – are even more explicit, declaring proper "the resin extracted from (the marijuana plant); and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its resin."

As I pointed out at the time there is no sane definition of 'any' or 'every' in these contexts which would NOT include hash oil, and clearly so.

It is clear that the grand jury, in handing down a very rare 'not true bill' result, agrees with me in this.

It is abundantly clear that citizens who possess a valid OMMA card in fact CAN interpret the result exactly as Marion County Deputy District Attorney Courtland Geyer disingenuously claims above that they should not. Why shouldn't such citizens interpret the result EXACTLY in that way? How else are folks supposed to interpret it? That you are right that it is a crime and that the Marion County District Attorney's office is simply such a crew of grossly underqualified and incompetent buffoons that they still could not manage an indictment in this case? Is that REALLY what Marion County Deputy District Attorney Courtland Geyer wants to imply?

And let us not forget the valiant Keizer Police Captain Jeff Kuhns who has been spearheading this judicial train wreck and example of abuse of power under color of authority who hides behind 'grand jury secrecy' when he continues to refuse to admit or accept that he was wrong in this case. It it an established aspect of honor and integrity that when proven wrong one admits it and maybe even apologizes for the wrongdoing.

In his responses I see nothing even approaching honor nor integrity in the behavior of Keizer Police Captain Jeff Kuhns.

Keizer Police arrested Beasley for these marijuana containers

And considering how he and the other officials in this case harassed and persecuted Mr Beasley, especially their transparent tactic of arresting him on Friday instead of Thursday so that he spent 4-5 days in jail instead of just a couple hours in processing, I still hope that there is a queue of attorneys lining up at Mr Beasley's door to offer their services in suing Kuhns, any DA whose name is attached to this travesty of injustice, the clearly incompetent Judge who signed the bogus warrant, as well as the Marion County DA's office and the Keizer Police Dept and maybe even the City of Keizer. And we might as well add to the list Chuck Lee, the former city councilman, whose fingerprints are all over this case.

I would also add the landlord and the 'ex-roommate' to the lawsuit defendant list as well just for good measure. It will only be when the likes of these folks are sued into perpetual fiscal oblivion that maybe, just maybe, people will stop violating the rights of OMMA card holders and actually OBEY THE LAW as the card holders are expected to do.

Kuhns and Co wanted to nail Mr Beasley with up to 20 years in prison for allegedly stepping one toe outside of the law. In fact Mr Beasley, as the grand jury clearly has shown, was entirely within the law. It is Kuhns and Co who were clearly outside of the law. So why shouldn't THEY all get the penalty that they so wrongly wished to inflict upon Mr Beasley? Wouldn't that be justice? Maybe, maybe not... but it would sure be nice to see.

It is time that law enforcement actually enforce the laws instead of trying to rewrite them on the fly like hamfisted thugs in an unaccountable Goon Squad,.Maybe if they were to try this tactic respect for the law and those charged with enforcing it might emerge out of the muck where it currently resides.

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Kyle May 3, 2008 6:01 pm (Pacific time)

Jeez, this guy should be locked up. He was breaking the law. He had plants growing in PLAIN VIEW OF A HIGH SCHOOL!! That voids the OMMA. This makes everyone involved in the OMMA look bad. Instead of thinking this guy was unfairly picked on, look at his record and look at the way he tried to manipulate the system by growing the largest plants possible (outside) despite his whereabouts. I think a smarter move would be to distance yourself from this guy because his idiocy can ruin it for everyone.

laird funk November 26, 2007 7:14 am (Pacific time)

The Marion county D.A office as a long, putrid history of persecuting marijuana users, especially if they use it medicinally. I rote and the late Senator Frannk Roberts inttroduced the first oregon medical marijuana bill in 1993. I was inspired by he deah of Paul Middleton, a friend whohad suffered a maljor industrial aident and was confind to a weel chair in reat pain-unless he waable to use a then unlawful substance, marijuana to alleviate his symptoms. Accusing Paul of being a major marijuana dealer, (he was no dealer at all, just a very sick man who needed marijuana) the D.A. prosecuted him and he was convicted. Facing life as paraplegic in the vicious world of prison, Paul killed himself. Nothing ha changed in Marion County.

GreenFloyd November 10, 2007 11:59 pm (Pacific time)

Dear friends, Let's not lose sight of the obvious: Medical marijuana will never work as long as adult prohibition is in place. Regardless of their suspicious motivations in the Beasley case, cops must enforce the law. Even bad law. In other words, our drug laws often make even good cops look bad. We can't fix medical marijuana in this environment; the air is polluted by war and we are blinded by ignorance. Until we come into the light and collectively embrace the fundamental understanding that illegal drugs are out of control and our drug laws are mostly unenforceable and widely ignored, this anarchy and brutality will prevail. Our brothers and sisters in law enforcement must be made to understand that their already dangerous and stressful jobs would be safer and less stressful in a regulated environment. Adult drug legalization is the proven effective way to control drugs, protect kids and restore respect for the rule of law and those who enforce it.

Neal Feldman November 10, 2007 2:27 pm (Pacific time)

I wrote to Rep Clem the following letter. I suggest others do the same to him, Speaker Merckley and/or their own representatives/senators. Let the legislature slam Mr Geyer's nose in his lawbooks a few times. (content of email follows)

Marion County district attorneys and Keizer PD have been harassing and persecuting a resident, Mr Beasley, who is an Oregon Medical Marijuana Act card holder.

The grand jury returned a not true bill result in their attempts but their rhetoric is clear - they refuse to stop harassing card holders. They claim the law is vague when it could not really be clearer, but a few carefully placed additions should make it abundantly clear to these agents who abuse power under color of authority that their illegal actions will not be tolerated.

I suggest that in the ORS and OAR definitions which already list that "any" and "every" kind of form and process dealing with the medical marijuana is allowed, which would clearly include hashish/hash oil, the text be added stating "including, but not limited to, hashish and hash oil".

To their cry that liquid ounces are not mentioned change any reference to the word 'ounces' to read instead 'dry or liquid ounces'.

To their cry about what constitutes 'medical use' add a definition that medical use as used in the OMMA means any usage deemed beneficial to the patient in regards to their health by the patient under the care of their personal physician.

That should nicely tie up the non-loopholes these abusers are trying to fabricate and put them back in their place pretty solidly.

To that end I would also like to see added that any agent of the government on any level who harasses, persecutes or in any other way impedes, impairs or infringes on the legal rights of an OMMA patient, their grower or caregiver shall be found guilty of a criminal act, and i would suggest that this act be classified as a class C felony. This is serious and the penalty for the kinds of abuse, harassment and persecution visited upon Mr Beasley and others like him should be both swift and severe so that these police officers and district attorneys are told in no uncertain terms that their job is to enforce the laws as written, not as they wish they were, and that it is the legislature's job to write the laws, not theirs to do on the fly as they are currently attempting.

Local attorney November 10, 2007 1:20 pm (Pacific time)

A Stern and others writing here, use this as a reason to increase your efforts. We have serious issues with local prosecutors and police and there is a loosely assembled group of local experts who are watching this closely, watching it with a goal of bringing major pressure on these groups that are so flagrantly abusing the Oregon's taxpayer dollar while doing everything they can to inject innuendo and outright lies. This should be the end of at least one career, though it is a longshot. Thanks Salem-News for going out on a limb with honesty over a very complicated subject that in reality is not that at all.

A Stern November 10, 2007 8:53 am (Pacific time)

"We have other indictments on this issue in Marion County, and we will continue to prosecute." -- DA Geyer Blatant lies - designed to scare people and to subvert the character of Oregon's Medical Marijuana Law -- are unacceptable from a public official (Mr Geyer is a cruel, dishonest, and little man -- attempting to imprison sick and dying patients for 20 years, simply for following doctors' recommendations and following Oregon state law.). Public officials who launch a war on the sick -- to further their own narrow agenda -- should be he accountable for the destruction they cause. In this case, DA Mr Geyer is still spewing blatant lies after the case is over, attempting to instill future-fear in Oregon's medical marijuana patients and attempting to trample Oregon's Medical Marijuana Law. Mr Geyer is obviously a sore loser, in addition to being a hateful, misguided Dunce.

Retrostrain November 9, 2007 8:43 pm (Pacific time)

Good now I can use my "PIPE BOMB to Get BOMBED" LOL. I'm still going to label my extractor "Medicine Extraction Device 420" just in case....

Neal Feldman November 9, 2007 2:35 pm (Pacific time)

Beyond this the 'ex-roommate' was one of several who apparently robbed Mr Beasley of plants and possessions while he was out after he evicted them for not paying their part of rent and bills and they made the allegations to keep him busy so he would not have them charged with theft. To this day KPD Goon Squad and Captain Kuhns have yet to lift a finger to investigate or prosecute these real crimes but they seem willing to stop at nothing to persecute and harass Mr Beasley. My guess is nothing short of a $100 million lawsuit will get their heads on straight. And it has been said there was not even enough hash oil to get a mouse high in this case. Ah well...

Mike Landon November 9, 2007 2:12 pm (Pacific time)

You mean justice prevailed? These cops in Keizer aren't about enforcing the law, they are trying to be politicians, and last time I checked there was nothing about Keizer Police on the ballot.

TruthSeeker November 9, 2007 12:28 pm (Pacific time)

Ahhhh, so little time right now so in just a few words, I KNEW IT! This was such a wrong case from the beginning. Shame on you KPD for not doing better pre-arrest investigation in the first place. This never would have happened. I'm glad the GJ saw through the BS and did the right thing.

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