Pubdate: Sun, 14 Jul 2013
Source: Mail Tribune, The (Medford, OR)
Copyright: 2013 The Mail Tribune
Contact:  http://www.mailtribune.com/
Details: http://www.mapinc.org/media/642
Note: Only prints LTEs from within it's circulation area, 200 word count limit
Author: Chris Conrad

STATE LAW CHANGE ON CANNABIS WON'T STOP LOCAL CASE

Lori Duckworth applauds the recently passed bill that legalizes 
Oregon's medical marijuana dispensaries and allows owners to recoup 
costs for providing cannabis to patients.

But the bill won't stop a case charging her and three others, 
including her husband, with operating illegal dispensaries from going 
forward, according to local prosecutors.

Jackson County Deputy District Attorney Ginger Greer, who prosecutes 
narcotics cases involving the Medford Area Drug and Gang Enforcement 
team, said that House Bill 3460 will not affect the case against the 
dispensary owners arrested in the May 23 raids.

"The bill is not retroactive," Greer said.

Greer added that police acted on information suggesting the 
dispensaries were selling marijuana for a profit, which is a felony 
under Oregon law.

Lori and Leland Duckworth, who operated the Southern Oregon chapter 
of the National Organization for the Reform of Marijuana Laws at 332 
W. Sixth St., Medford, for four years, were charged with 11 counts 
each of conspiracy to deliver marijuana within 1,000 feet of a 
school, and 11 counts each of manufacturing marijuana within 1,000 
feet of a school. A small private school is located about two blocks 
from the SONORML office.

Prosecutors also added charges of a single count each of 
racketeering, three counts each of money laundering and a single 
count each of possession of substantial amounts of marijuana in 
excess of 150 grams, said Leland Duckworth's attorney, Leland Berger.

David James Bond, 44, of Puffin' Stuff in Medford, faces eight counts 
of conspiracy to deliver marijuana within 1,000 feet of a school and 
a single count of racketeering and money laundering.

Michael Robert Schanno, 40, owner of The Green Compass and The 
Compass, was charged with four counts of conspiracy to deliver 
marijuana, four counts of conspiracy to manufacture marijuana, 
delivery of marijuana and manufacture of marijuana.

All have pleaded not guilty to the charges.

According to a story by The Associated Press, Gov. John Kitzhaber 
will soon sign the bill creating a legal marketplace for medical 
marijuana for an estimated 56,000 Oregon patients.

State prosecutors included an amendment in the bill that allows 
prosecution of cases such as the one against the local dispensary 
owners before the state issues cards for dispensaries next year, the 
AP reported.

Greer did not comment on whether the local dispensaries were 
operating in the conditions set forth by House Bill 3460.

According to the state's website, if the bill is signed into law, 
dispensaries will be able to charge for medical marijuana to recoup 
costs for testing, packaging and replacing supplies needed to operate 
a dispensary. This includes covering the cost of rent and mortgage payments.

The law will allow the Oregon Health Authority to inspect 
dispensaries to see whether they are operating under the law. 
Dispensary owners will pay $4,000 per year and will be subject to 
criminal background checks prior to opening.

Medford police Chief Tim George opposed the bill, saying that it 
would not stem the flow of medical marijuana to the black market.

"You are still going to have a lot of excess marijuana around and 
what are they going to do with it?" George said. "It's worth so much 
money and the temptation still exists to sell it all over the 
country, which is what we've seen happening for the last several years."

Duckworth said she operated her dispensary under the guidelines of 
the Oregon Medical Marijuana Program and hopes that she will be 
allowed to reopen an office somewhere in downtown Medford. SONORML 
was booted by its landlord from its location on West Sixth Street 
earlier this month.

"We hope that (House Bill) 3460 will allow us to provide this 
medication to patients without interference from police," Duckworth 
said. "We have no interest in breaking the law."

Regardless, the Jackson County District Attorney's Office is 
continuing to build a case against the Duckworths and the others 
arrested May 23.

All four are expected to appear in Jackson County Circuit Court for a 
hearing on Aug. 12.
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MAP posted-by: Jay Bergstrom