Pubdate: Thu, 19 Mar 2009
Source: Port Orchard Independent (WA)
Copyright: 2009 Port Orchard Independent
Contact:  http://www.portorchardindependent.com/
Details: http://www.mapinc.org/media/2607
Author: Charlie Bermant
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

MEDICAL POT TRIAL DRAWS ACTIVISTS TO KITSAP

The trial of an Olalla man accused of exceeding the allowable limit 
for medical marijuana is finishing its second week, and is drawing 
attention from throughout the state.

Bruce Olson, 54, is an approved medical marijuana patient who has 
four ailments that qualify him for such treatment, according to an 
expert witness for the defense.

Still, Olson was charged with illegal possession of marijuana with 
the intent to sell when Kitsap County detectives found 48 plants in a 
growing operation in May 2007.

Both Olson and his wife are medical marijuana patients, but have 
faced the same distribution charge. The law about acceptable 
quantities of medical marijuana has been more strictly defined since 
Pamela Olson's trial.

Pamela Olson is now serving probation, having pleaded out to avoid 
jail time. As part of her sentence, she is not using the medical 
marijuana that she claims is necessary to ease her pain.

The case has become a flashpoint for medical marijuana advocates, or 
what Kitsap County Prosecutor Russ Hauge characterizes as "a 
well-organized lobby whose purpose is to see the laws changed."

Approximately two dozen people, mostly advocates or medical marijuana 
patients, are observing the trial and showing their support.

About 15 of them have taken residency in a local bed-and-breakfast, 
doubling up on rooms while they attend every minute of the trial.

One attendee, Ellen Van Bockern of Maple Valley, was attending for 
personal reasons, since she hoped to begin a grow operation for a sick friend.

"I want to grow marijuana legally," she said. "If they get off, then 
I can start my own operation and help my friend."

Attendees maintained the law was wrong, and that Olson was being 
singled out for special treatment. A common argument is that 
governments who prosecute these crimes are wasting taxpayer money.

"Kitsap County doesn't have a lot of money," said patient Steve 
Elliott, a Kingston resident. "This prosecution is wasting money left 
and right. And if they are prosecuting Bruce, then they can come after me."

Hauge takes issue with the blanket assumption of Olson's innocence, 
saying that the prosecutor has enough evidence to convict.

Otherwise, they would not be pursuing the case.

"This is not a special case," he said. "We have not singled anyone 
out. If someone meets the medical marijuana criteria, we will not 
prosecute them. But if someone uses the medical marijuana status to 
justify recreational use or selling for profit, we will prosecute."

In response to the activists' contention that tax money was being 
unnecessarily wasted, the Port Orchard Independent filed a Freedom of 
Information Act (FOIA) request to quantify the cost of the Olsons' 
prosecutions.

Hauge said that his office would not be able to supply such detailed 
information.

"We had no special expenditures for this case," he said. "We didn't 
fly in any expert witnesses, and the prosecutor isn't getting paid 
overtime. But we don't keep records on that level, as to how many 
hours are spent on a particular case."

Prosecutor Alexis Foster grilled the witnesses on details, asking 
yes-or-no questions that the witnesses could not or would not provide.

She attempted to disqualify Dr. Thomas Orvald, who issued Olson's 
medicinal marijuana recommendation as an expert witness, a motion 
Superior Court Judge Leila Mills denied.

In separate questions Foster asked Orvald whether marijuana was habit 
forming and if it could be abused, requesting a yes or no answers. He 
eventually affirmed both assertions, but without using the word "yes."

Foster then pressed Orvald about details of his income, which 
prompted defense attorney Thomas Balerud to object, "Dr. Orvald is 
not being prosecuted for tax fraud, so I think we should move on to 
something more substantial."

Orvald testified that Olson suffered from four ailments, each of 
which qualified him for medical marijuana treatment.

Orvald said he sees patients about once a year, at which time he 
approves or declines another year of treatment. And while many 
patients initially try to fool him into providing marijuana for 
recreational use, most current patients are approved for an extension.

Orvald testified throughout Wednesday afternoon. The defense was 
scheduled to continue on Thursday.

Closing arguments are expected on Monday or Tuesday.
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MAP posted-by: Jay Bergstrom