Smokin Moose
Fallen Cannabis Warrior & Ex Moderator
(KEIZER, Ore.) - The Keizer medical marijuana case against Anthony Beasely has been a hot topic in the local community. Salem-News.com's Neal Feldman wrote a commentary this week (Keizer Medical Marijuana Case Ignores Oregon Law) that lays blame on the city of Keizer for not upholding the rules authorized by the Oregon Medical Marijuana Program.
Keizer Police Captain Jeff Kuhns, a person I have known and worked with on stories for many years, says he disagrees with several points in Neal's article. Regular visitors to the site know that Kuhns is not a police officer who normally deals with this type of controversy, and I believed that is worth clearing the air over.
I think it is fair to say that Oregon's medical marijuana laws lack a degree of clarity. In this case the grower was located close to a public high school. That Kuhns says, is where the problems begin that set this case aside from others. "I don't think those who drafted this law gave enough thought to all of the details," he pointed out, explaining that there are a number of issues with this particular case that make it unique.
The biggest issue in this case and the center point of the argument is how Oregon's medical marijuana laws are interpreted.
Kuhns says it is a winnable case and he believes that Oregon's Medical Marijuana laws need to be adjusted. Advocates on the other hand, while making similar statements about the lack of clarity in the state's laws, say the rules pertaining to making hash oil are clear, and that the law does allow it.
A recent Keizertimes article stated: "No authorities, or the Oregon Medical Marijuana Program's director, have so far been able to point to a statute, rule or case law indicating explicitly whether making hash oil is actually legal or illegal for medical marijuana patients."
Kuhns says that if this aspect is legal under current rules, they would explicitly state that. "If 'hash oil' was really something the authors of this law intended users be allowed to possess, why doesn't the law state how much hash oil they can have? The law doesn't discuss liquid ounces."
The Oregon Revised Statutes define "usable 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." Some say that the wording, "and any mixture or preparation thereof" is clear, and that it means it is legal.
This debate over medical marijuana in Oregon that began at the calling of a local attorney named Kevin Mannix, is dividing and polarizing the community if it is doing anything at all. Patients are mad, they feel their rights are being trampled upon and that law enforcement should do more to back patients. But police officers like Jeff Kuhns say their enforcement of the law is being misinterpreted. I would say that as somebody who has known Kuhns for a long time, he is doing what he believes to be right.
"Marijuana is a Schedule I, and so is hash and hash oil, but they're completely different drugs in separate categories," Kuhns stated. "I've had plenty of card holders call to personally tell me they think Mr. Beasely crossed the line."
Kuhns cites other issues he has over the law as well. He says there is too much gray area, and that is what he would like to see resolved.
Source: Salem-News.com
Copyright: 2007 Salem-News.com
Contact: King@Salem-News.com
Website: Salem-News.Com News from Salem Oregon and the surrounding region.
Keizer Police Captain Jeff Kuhns, a person I have known and worked with on stories for many years, says he disagrees with several points in Neal's article. Regular visitors to the site know that Kuhns is not a police officer who normally deals with this type of controversy, and I believed that is worth clearing the air over.
I think it is fair to say that Oregon's medical marijuana laws lack a degree of clarity. In this case the grower was located close to a public high school. That Kuhns says, is where the problems begin that set this case aside from others. "I don't think those who drafted this law gave enough thought to all of the details," he pointed out, explaining that there are a number of issues with this particular case that make it unique.
The biggest issue in this case and the center point of the argument is how Oregon's medical marijuana laws are interpreted.
Kuhns says it is a winnable case and he believes that Oregon's Medical Marijuana laws need to be adjusted. Advocates on the other hand, while making similar statements about the lack of clarity in the state's laws, say the rules pertaining to making hash oil are clear, and that the law does allow it.
A recent Keizertimes article stated: "No authorities, or the Oregon Medical Marijuana Program's director, have so far been able to point to a statute, rule or case law indicating explicitly whether making hash oil is actually legal or illegal for medical marijuana patients."
Kuhns says that if this aspect is legal under current rules, they would explicitly state that. "If 'hash oil' was really something the authors of this law intended users be allowed to possess, why doesn't the law state how much hash oil they can have? The law doesn't discuss liquid ounces."
The Oregon Revised Statutes define "usable 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." Some say that the wording, "and any mixture or preparation thereof" is clear, and that it means it is legal.
This debate over medical marijuana in Oregon that began at the calling of a local attorney named Kevin Mannix, is dividing and polarizing the community if it is doing anything at all. Patients are mad, they feel their rights are being trampled upon and that law enforcement should do more to back patients. But police officers like Jeff Kuhns say their enforcement of the law is being misinterpreted. I would say that as somebody who has known Kuhns for a long time, he is doing what he believes to be right.
"Marijuana is a Schedule I, and so is hash and hash oil, but they're completely different drugs in separate categories," Kuhns stated. "I've had plenty of card holders call to personally tell me they think Mr. Beasely crossed the line."
Kuhns cites other issues he has over the law as well. He says there is too much gray area, and that is what he would like to see resolved.
Source: Salem-News.com
Copyright: 2007 Salem-News.com
Contact: King@Salem-News.com
Website: Salem-News.Com News from Salem Oregon and the surrounding region.
