Keizer Medical Marijuana Case Ignores Oregon Law
October 29, 2007
Neal Feldman, Salem News (OR)
(KEIZER, Ore.) - Anthony Wyatt Beasley probably did not wake up Friday, October 19th 2007 thinking he would be a lightning rod and a focal point in a legal dispute, but that is what he has become. A standard bearer, willing or not, for the medical marijuana law of Oregon and the thousands of card holders in the state.
When Keizer Police arrested Mr. Beasley, a legal and law-abiding Oregon Medical Marijuana Program card holder, for the alleged 'crime' of making hash oil, something any and every sane reading of the law clearly allows, they managed to mobilize almost every supporter of the law, which was passed TWICE by the statewide voters of Oregon, into support for Mr. Beasley and opposition to the persecution, harassment and violation of his rights by those who are supposed to enforce the law regardless of their personal feelings about it.
There are even many calls for Mr. Beasley to sue the City of Keizer, a city just north of the state capital Salem, Oregon, the Keizer Police Department, the Marion County District Attorney's office, Police Captain Jeff Kuhns personally, any DA signing off on this mess personally as well as the judge who signed the search warrant personally. Some would also like nothing more than to see the landlord who is apparently evicting Mr. Beasley over his legal activities and the so-called 'ex roommate' who made the ridiculous accusations of pipe bombs when all they saw was PVC pipe (as if there is no use for PVC pipe other than to make pipe bombs) sued into fiscal oblivion as well.
The law could not possibly be any clearer or plainer on any reasonable standard.
The Oregon Revised Statutes define "usable marijuana" – that is, what substances qualify as medicinal marijuana – as "the dried leaves and flowers of the plant Cannabis family Moraceae, and any mixture or preparation thereof, that are appropriate for medical use."
The Oregon Administrative Rules – a set of legally-binding rules that further govern the medical marijuana program – are even more explicit, declaring proper "the resin extracted from (the marijuana plant); and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its resin."
How many applicable ways, in context, can one reasonably define 'any' and 'every' that does not include hash oil? I would say ZERO. I do not know by what tortured line of unreason these violators of the public trust arrived at the opinion that hash oil is not included in 'any' and 'every' in the context of the law. They refuse to say, hiding like cowards behind 'procedural rules'.
As reported in the Keizertimes "Lori Evans, a deputy district attorney for Marion County, said the case is set to go before a grand jury next month." She cited bar association guidelines in declining to discuss the intricacies of the case.
The Keizertimes also quoted Evans saying, "The case is pending, so I can't talk about the merits of the case."
I'll just bet she can't. If she wanted to she could, but coward that she is she refuses.
It is too bad that grand jury hearings are not open to the public. It is also too bad that grand juries only get to hear one side so that it is said any lawyer worth the name 'can indict a ham sandwich'.
But once either the grand jury kicks the BS travesty, or if they do indict once it is kicked in court, we can only hope that the civil lawsuit filed will so chastise these wrongdoers that no one will ever even think of violating the rights of legal and law abiding OMMA patients ever again.
None of these folks should sleep well... for they have flushed their futures completely, and who knows how much damage financially they will eventually have caused the City of Keizer and the innocent taxpayers there who did nothing wrong other than to trust these criminals with enforcing the law.