cannabisnews.com: Ashcroft Runs Roughshod Over Oregon's Voters Again Ashcroft Runs Roughshod Over Oregon's Voters Again Posted by CN Staff on May 30, 2002 at 11:31:40 PT By Leland R. Berger Source: Oregon Live Although "if you're gonna steal, steal big" may be the guiding mantra for some, in the U.S. Justice Department's war on medical marijuana patients, size doesn't matter. Even though the U.S. attorney for Oregon generally doesn't prosecute cultivation cases involving fewer than 1,000 plants, the government successfully stole a patient's 2.5 grams of medical marijuana from the Portland Police Bureau, in broad daylight. Why should the government care about whether Portland police have such a paltry quantity of marijuana? Don't the police keep all controlled substances they seize? What was so special about this case? What was special was that Portland police, over their objections, had been ordered to return this marijuana to the heart patient from whom they had taken it a month after Oregon's Medical Marijuana Act took effect in 1999. Multnomah County Circuit Judge Robert Redding's order followed the act: Once a determination is made by the district attorney or a judge that the marijuana was in possession of a patient covered under the act, as was the case here, the seized drug must be returned. The city attorney obtained special funding from the City Council to appeal Redding's decision, but the Oregon Court of Appeals upheld the judge. Then earlier this month, the Oregon Supreme Court informed the city that it wouldn't review the Appeals Court's decision. That should have been that. Like the cavalry riding over the hill, however, the federal Drug Enforcement Administration obtained a seizure warrant from a federal magistrate for the marijuana. The government's theory was that it is contraband and subject to forfeiture. Furthermore, since it is contraband, the medical marijuana patient could not assert any property interest in the drug. Well, of course it's contraband, under federal law. Portland police took it into their custody three years ago because officers thought it was contraband under state law, too. But, as Redding ruled, state law requires it to be returned upon a finding that the medical marijuana patient is entitled to it. Does federal law prohibit Oregon law enforcement from returning medical marijuana to patients? As Court of Appeals Judge Jack Landau wrote in the court's decision, federal law actually exempts state law enforcement from federal prosecution for violations of the Federal Controlled Substances Act, when state law enforcement is acting pursuant to state law. So, if the Portland Police Bureau's "possession with intent to deliver" 2.5 grams of medical marijuana to a registered medical marijuana patient is exempt from federal prosecution, why would the U.S. attorney conspire with the DEA to have the government seize the medical marijuana from the Portland Police Bureau? Like a 400-pound gorilla, the federal government acts this way because it can. As with the Justice Department's failed attempt to interfere with our assisted suicide law, this is simply another salvo in the ongoing battle between the federal government and Oregonians over who gets to decide private medical decisions made between patients and physicians. As with death with dignity, Oregonians are also entitled to life with dignity. And, someone needs to remind John Ashcroft that stealing is wrong, even when authorized by a federal magistrate. Leland R. Berger, a Portland attorney, was active in the campaign to allow medical marijuana use in Oregon. Source: Oregon Live.comAuthor: Leland R. BergerPublished: May 30, 2002Copyright: 2002 Oregon Live LLCWebsite: http://www.oregonlive.com/Contact: http://www.oregonlive.com/contactus/Related Articles & Web Site:OMMP -- Medical Marijuana Programhttp://www.ohd.hr.state.or.us/oaps/mm/Medical Marijuana Information Linkshttp://freedomtoexhale.com/medical.htmDEA Seizes Portland Man's Old Marijuana http://cannabisnews.com/news/thread12941.shtmlDEA Claims Dibs on Heart Patient's Pot http://cannabisnews.com/news/thread12931.shtml Home Comment Email Register Recent Comments Help Comment #5 posted by schmeff on May 31, 2002 at 12:30:49 PT Department of Extra-constitutional Abuse DEA:Democracy Extermination Agency "Your 'rights' are what we say they are."DEA: Land of the pee. Home of depraved.DEA:Unreasonable. Arbitrary. Capricious.DEA: "Our boss is an Asa and we've got guns. Urine big trouble."DEA: Nixon got the last laugh."I snitched on my Granny to the DEA and all I got was this lousy shirt."(Just some random thoughts for banners and pins and shirts, etc. at the DEA protests next Thurs. c u there.) [ Post Comment ] Comment #4 posted by el_toonces on May 30, 2002 at 15:37:38 PT: Controlled Substance Act Exemptions... The U.S. CSA and most state statues, which are modeled after the federal behemoth, allow MANY exemptions for such things as research (a rarely used one, I'll admit, even for those with a Schedule I license), and ALL laws I have seen explicitly allow 'law enforcement personnel' to possess, transport, transfer (even for money!) all substances 'in the course of their professional' or job related duties, and the statutes do not narrowly define what those the limits on those duties might be. After all, if it is legal for a narc to possess and sell to a "mark" a substance like cannabis or cocaine because such activity is in the course of his or her 'professional" duties under state law, then there is no reason whatsoever Lee's argument that a LEO is allowed to return cannabis legal under state law should be doubted, is there? You see, the problem is the LEO's want egregiously broad discretion to possess, use or transfer these substances to arrest and jail someone, yet they want their "duties" very narrowly defined when it comes to complying with state law and being compassionate.And Ethan is totally right -- Lee and his wife are some of the nicest folks I have ever met.But, today just sucks! [ Post Comment ] Comment #3 posted by xxdr_zombiexx on May 30, 2002 at 14:23:42 PT Drugs for the Gummint I think it would be appropriate to start them first with a laxative - especially Ashcroft. He may need a double. [ Post Comment ] Comment #2 posted by E_Johnson on May 30, 2002 at 11:53:36 PT It's all a clever plot yessiree You see, Bush knows that the best way to get the voters to support states rights is for the federal government to ride roughshod over them as rudely and as crudely as possible.Because then the voters will all flock towards the party that supports states rights.Which would be???? [ Post Comment ] Comment #1 posted by Ethan Russo MD on May 30, 2002 at 11:47:30 PT: Tell 'em, Lee. Lee is a neat man, and tireless in his defense of clinical cannabis.Considering all else that is going on in the world, the mere fact that the government would obsess on this tiny quantity of cannabis says volumes about how pathological they have become. I hear that there are drugs for that--- [ Post Comment ] Post Comment