Pubdate: Fri, 09 Nov 2007
Source: Keizertimes (Keizer, OR)
Copyright: 2007 Keizertimes, Inc.
Contact: http://www.keizertimes.com/news/letters.cfm
Website: http://www.keizertimes.com
Details: http://www.mapinc.org/media/4341
Author: Jason Cox
Cited: National Organization to Reform Marijuana Laws http://www.norml.org
Cited: THC Foundation http://www.thc-foundation.org
Referenced: Oregon Medical Marijuana Program http://www.oregon.gov/DHS/ph/ommp/
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)

NO INDICTMENT IN MEDICAL MARIJUANA CASE

While a Marion County grand jury opted not to indict a Keizer medical 
marijuana grower for converting marijuana into hash oil, a district 
attorney's spokesman warns that the decision does not necessarily 
mean the process is legal for medical marijuana patients.

Marion County Deputy District Attorney Courtland Geyer said it was 
unlikely that the case would be brought back before the grand jury. 
The defendant, Anthony W.  Beasley, 28, was charged with unlawful 
manufacture of a controlled substance within 1,000 feet of a school.

"A case is essentially over at the time a not true bill is issued. It 
is possible, but difficult, to reopen a case once that has been 
done," Geyer said.

Beasley was arrested October 19 after an ex-roommate reported what 
she said appeared to possibly be pipe bombs in the Newburg Drive home 
where Beasley once lived. The PVC pipes turned out to be filled with 
marijuana in a system designed to produce hash oil.

Medical marijuana activists with the National Organization to Reform 
Marijuana Laws and the THC Foundation have insisted the conversion of 
marijuana to hash oil is legal under state statute and the rules 
designed to administer the medical marijuana program.  The Foundation 
even teaches classes in Portland on how to make hashish, although 
advocates say some methods of making hash oil can be dangerous.

But Geyer said the grand jury's decision should not be interpreted as 
a definitive answer to the questions posed by this case: What, 
exactly, defines "usable" medical marijuana?

"It would be a very bad mistake to interpret the result of this case 
as some sort of declaration on the legality of converting legal 
medical marijuana to hashish," Geyer said. "I do not recommend anyone 
interpret this as a green light to do that safely.

"The medical marijuana bill does not anywhere specify that that is 
legal and protected. And any assertion that it does is wrong. It's 
just plain false."

Geyer would not comment on the specifics of the case against Beasley, 
but said the district attorney's office was also prosecuting similar 
cases in Marion County.

"We have obtained indictments in other cases where people converted 
legal medical marijuana to hashish," Geyer said. "It's my 
understanding that some of those are pending now. So there have been 
a number of other occasions where we've done it.

"We think the law is clear; at best, it's vague," Geyer said.

Short of new evidence coming to light, Geyer said it was extremely 
unlikely that the case would be brought before a grand jury again. 
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