Pubdate: Thu, 21 Jul 2005
Source: Register-Guard, The (OR)
Copyright: 2005 The Register-Guard
Contact:  http://www.registerguard.com/
Details: http://www.mapinc.org/media/362
Author: Tim Christie
Cited: National Organization for the Reform of Marijuana Laws
(http://www.norml.org)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

SENATE OKS BILL CLARIFYING MEDICAL POT

Medical marijuana cardholders would be allowed to possess up to 1 1/2
pounds of dried marijuana and six mature plants under a bill that won
unanimous support Wednesday in the Oregon Senate.

The legislation, Senate Bill 1085, makes a series of changes intended
to clarify ambiguous sections of Oregon's voter-approved medical
marijuana law that took effect in 1998.

The bill "provides the clear, bright lines that law enforcement needs
to enforce the law fairly, without infringement on the rights of those
who legitimately use the product," said Sen. Bill Morrisette, D-
Springfield, the bill's chief sponsor.

The bill's other main backer, Sen. Jeff Kruse, R-Roseburg, said the
bill could not have moved forward without the work and support of both
law enforcement officials and advocates for users of marijuana.

To lawmakers who oppose medical marijuana in principle, Kruse said the
question isn't whether to keep the law, given its popular support, but
"how to make it work better for all involved. This bill does that."

The bill passed on a 30-0 vote and now goes to the House.

Four major law enforcement organizations representing police chiefs,
sheriffs, district attorneys and the Oregon State Police supported the
bill because it provides better guidance for officers confronted with
sometimes ambiguous issues surrounding the law.

Lack of clarity in the existing law means law officers sometimes "can
get into situations where they're not sure how to proceed," said Kevin
Campbell, executive director of the Oregon Association Chiefs of
Police. "The reason we like the bill is we think it clears up some of
the ambiguity. It gives officers more solid ground to stand on."

Many patient advocates support the bill, but there is some division.
For instance, Oregon NORML (National Organization for the Reform of
Marijuana Laws) is backing the bill as a "great enhancement" for
patients, said Madeline Martinez, the group's executive director.

Martinez said she likes that the bill defines a marijuana plant -
anything over 12 inches high or 12 inches wide - so there's no
confusing seedlings or cuttings with mature plants.

And the increase in the number of mature plants and amount of dried
marijuana that cardholders are permitted to possess would be a major
improvement to the law, she said.

Current law permits cardholders and caregivers - people who grow
marijuana for cardholders who can't or don't want to grow their own -
to grow three mature and four immature plants and to possess up to
three ounces of dried marijuana. The legislation lets cardholders grow
up to six mature plants and 18 seedlings and possess 24 ounces of
dried marijuana.

To be allowed to possess and grow that much would relieve a lot of
stress for cardholders, she said.

But in exchange for that provision, law enforcement got something
important to them: elimination of the "affirmative defense" for
cardholders who are found to be growing or possessing more marijuana
than permitted under the law. Currently, in that situation, a patient
can argue in court that having more marijuana than permitted is a
medical necessity and therefore permissible.

That change is one of the reasons that Leland Berger, a Portland
attorney who helped draft the original law and defends medical
marijuana patients, opposes the Senate legislation.

"It's a really close call whether to support or oppose this
legislation," he said. "I take the position that it's important not to
leave anyone behind. This compromise legislation leaves people and
situations behind, and that's how come I'm opposed to it."

Berger contends that the increased limits are inadequate, particularly
for outdoor growers who have only one crop a year. And he doesn't like
a provision that restricts caregivers to grow for no more than four
patients. The restrictions will result in the diminution of supply for
patients, he said.

The bill also:

Permits patients to reimburse caregivers for their expenses, such
as supplies and utilities, associated with growing.

Requires growers to return all marijuana and a grow-site card when
they stop growing for a patient.

Requires state health officials to establishe a system that will
allow police to verify a person is a cardholder at any hour of the
day.

Requires state officials to issue grow-site cards to qualified
persons, and for those cards to be displayed at all times at grow sites.

Calls for growers who are convicted of drug offenses to have their
cards revoked for five years after a first offense and for good after
a second offense.

Register-Guard reporter David Steves in Salem contributed to this
report.
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MAP posted-by: Larry Seguin