Jacob Bell
New Member
On Wednesday June 16, 2011, officers in Washington County served search warrants on Wake n Bake Lounge, located at 18918 Shaw St in Aloha, Oregon. Three residences associated with the cannabis club were also searched. Although computers, various equipment and cannabis were confiscated during the execution of the warrant for suspected "manufacturing and distribution of a controlled substance," no arrests were made.
Sgt. David Thompson issued a press release stating, "Marijuana dispensaries are new to Washington County, have no legal basis to distribute or sell marijuana, and this search warrant is the first to be served on such a dispensary in Oregon."
Whether or not dispensaries are "new to Washington County" is debatable, since Wake n Bake itself has been opened since November of 2010, according to the same press release, and many others were open in the area prior to the arrival of Wake n Bake Lounge.
It is also debatable whether or not there is a "legal basis to distribute or sell marijuana," as the OMMA specifically authorizes a patient to reimburse a grower the costs of supplies and utilities, and it further authorizes patients to exchange marijuana for "no consideration." However, the OMMA itself does not define "consideration," and the Oregon law that does define consideration appears to conflict with the explicit authorization in the OMMA to reimburse a grower for supplies and utilities!
Sgt. Thompson continues by explaining that "The investigation into Wake n Bake began when detectives became aware that the business was selling marijuana to customers. " He claims that they were able to find "evidence" that these "crimes" were taking place.
One wonders if he only recently read the article in Willamette Weekly that appeared in January 2011, called "Weed, the People":
"Opened the day before Thanksgiving, it now boasts 130 members who pay money to obtain and imbibe cannabis in the storefront space, a block off of Tualatin Valley Highway.
Cambron's investment is already paying off. On their biggest day yet, she and her business partner, Andrew Gwin, grossed $2,500. An average day is more like $1,700.
"Three months ago, I didn't know this was even possible," says Cambron, sitting in the lobby of her Wake n Bake Cannabis Lounge with her Pomeranian, Sassy, sitting in her lap. "We're trying to run this as a business like any other."
The press release continues, "Through their investigation, detectives were able to obtain evidence that the crimes of distribution and manufacture of a controlled substance, Marijuana, were being committed at the Wake n Bake store and by its employees."
Apparently, it took them nearly 5 months to read what was plainly publicized in the Willamette Weekly (on the front cover, no less!) I am also left wondering if Marijuana (capital "M") is somehow different from marijuana (lowercase "m")...but I digress.
Was the investigation instead the sum of apparent harassment of patients as they left the lounge? In another Willamette Weekly story called "Budding Conflicts", Sgt. Dave Thompson admits to monitoring the people leaving the property:
"...AfterWW featured the Aloha club Wake n Bake in our Jan. 12 cover story, co-owner Kat Cambron says Washington County sheriff's deputies have pulled over about a dozen members as they leave.
Cambron says the members are searched, given roadside sobriety tests and questioned about the club. No one has been arrested, but Cambron worries they face harassment due to their medical needs.
"If you see somebody pulling out of a place where you know people are smoking marijuana, you're going to watch how they're driving," says Sgt. Dave Thompson, spokesman for the sheriff's office. "They're aware it's there. Nobody's targeting it."
When I questioned Sgt. Thompson Wednesday if the two were related, he responded that they were not "monitoring" the "place" but instead they were "monitoring" for "impaired drivers." Cambron's claims that those stopped were "questioned about the club", however, would imply that officers were clearly after more than just monitoring for "impaired drivers."
According to the press release, an additional three homes related to the cannabis lounge were also searched early Wednesday morning. While no arrests were made, Sgt. Thompson informed me that residents were "detained for their own safety" during the search of those homes. They were released when the searches were complete.
When I questioned him on whether or not more businesses were being targeted for similar action, he said he could not "give details" into "any ongoing investigations."
While the comments on the various news stories indicate overall support for medical marijuana dispensaries, and patients have applauded the attainability of quality medical marijuana now that these business are opening all across Oregon, Sgt. Thompson insists that "This is a clear violation of the OMMA and constituted a gross and deliberate violation of Oregon law."
While Sgt. Thompson calls it a "clear violation"— apparently it wasn't so clear as to result in any arrests. Typically, similar search warrants result in multiple arrests, often only based on receiving information that marijuana sales are occurring. Yet, Wake n Bake Cannabis Lounge has had a storefront, multiple ads in a variety of media outlets and a great deal of publicity for nearly seven months — including being referenced by law enforcement multiple times due to the irony of their name — but no arrests were made.
What remains clear is that patients are expected to conjure up marijuana out of thin air, from the perspective of law enforcement. With nearly 53,000 current medical marijuana patients enrolled in the program, and the average use per patient of about 2 ounces per month, Oregon's current medical marijuana patients require approximately 106,000 ounces per month (or 6,600 pounds of marijuana per month) — nearly 1.2 million ounces per year (or 80,000 pounds per year).
Yet, there remains no supply source or even instructions provided on how to obtain marijuana once you are registered with the Oregon Medical Marijuana Program. The OMMP website specifically states, "The OMMP cannot supply you with seeds or starter plants, or give you advice on how to grow medical marijuana." Patients are left to their own devices to interpret what is allowed under the law, and where they should go to get started. Many media outlets have reiterated the theme that patients are expected to go to the black market for their medicine.
Earlier this month, United States District Attorney Dwight Holton teamed up with District Attorneys across Oregon to issue a stern letter to dispensaries throughout Oregon, informing them that selling marijuana was still illegal and "will not be tolerated."
In WW's Budding Conflicts story, Holton expresses frustration with the businesses who attempt to lawfully meet the needs of patients: "I'm struck by the brazenness of recent dispensaries who seem to think they are above the law," Holton says. "It's drug trafficking. Period. End of story."
Holton would like to distract your attention from the "brazenness" of recent law enforcement officers "who seem to think they are above the law" by openly violating the confidentiality provisions of the Oregon Medical Marijuana Act. The Sheriff of Douglas County openly admitted in court to utilizing the OMMP database for background checks for Concealed Handgun License applicants, even though the OMMA explicitly limits access for purposes of verifying that a person is a valid registry cardholder. In the Oregon Appellate Court ruling for Held v Hanlin, the court ruled that this was unlawful access and not authorized by the OMMA.
It seems that Holton would like you to forgive them their blatant illegal activity, and instead focus your outrage on those such as Kat Cambron, (former?) owner of Wake n Bake, who is a medical marijuana patient who discovered first-hand how difficult it was for patients to access their medical marijuana, a former foster parent for over 40 children (until the state took her foster children away due to her use of medical marijuana), and a friendly individual who was trying to provide a safe, private place for patients to exchange their medicine to ensure that any excess made it safely into the hands of needy patients instead of being diverted to the black market. Surely she is the problem, and not those with guns and badges, and most importantly, power and authority, openly violating the law, right?
News Hawk- Jacob Ebel 420 MAGAZINE
Source: examiner.com
Author: Jennifer Alexander
Contact: Contact Us
Copyright: Clarity Digital Group LLC
Website: Wake n Bake Lounge raided after nearly seven months of openly operating in Aloha
Sgt. David Thompson issued a press release stating, "Marijuana dispensaries are new to Washington County, have no legal basis to distribute or sell marijuana, and this search warrant is the first to be served on such a dispensary in Oregon."
Whether or not dispensaries are "new to Washington County" is debatable, since Wake n Bake itself has been opened since November of 2010, according to the same press release, and many others were open in the area prior to the arrival of Wake n Bake Lounge.
It is also debatable whether or not there is a "legal basis to distribute or sell marijuana," as the OMMA specifically authorizes a patient to reimburse a grower the costs of supplies and utilities, and it further authorizes patients to exchange marijuana for "no consideration." However, the OMMA itself does not define "consideration," and the Oregon law that does define consideration appears to conflict with the explicit authorization in the OMMA to reimburse a grower for supplies and utilities!
Sgt. Thompson continues by explaining that "The investigation into Wake n Bake began when detectives became aware that the business was selling marijuana to customers. " He claims that they were able to find "evidence" that these "crimes" were taking place.
One wonders if he only recently read the article in Willamette Weekly that appeared in January 2011, called "Weed, the People":
"Opened the day before Thanksgiving, it now boasts 130 members who pay money to obtain and imbibe cannabis in the storefront space, a block off of Tualatin Valley Highway.
Cambron's investment is already paying off. On their biggest day yet, she and her business partner, Andrew Gwin, grossed $2,500. An average day is more like $1,700.
"Three months ago, I didn't know this was even possible," says Cambron, sitting in the lobby of her Wake n Bake Cannabis Lounge with her Pomeranian, Sassy, sitting in her lap. "We're trying to run this as a business like any other."
The press release continues, "Through their investigation, detectives were able to obtain evidence that the crimes of distribution and manufacture of a controlled substance, Marijuana, were being committed at the Wake n Bake store and by its employees."
Apparently, it took them nearly 5 months to read what was plainly publicized in the Willamette Weekly (on the front cover, no less!) I am also left wondering if Marijuana (capital "M") is somehow different from marijuana (lowercase "m")...but I digress.
Was the investigation instead the sum of apparent harassment of patients as they left the lounge? In another Willamette Weekly story called "Budding Conflicts", Sgt. Dave Thompson admits to monitoring the people leaving the property:
"...AfterWW featured the Aloha club Wake n Bake in our Jan. 12 cover story, co-owner Kat Cambron says Washington County sheriff's deputies have pulled over about a dozen members as they leave.
Cambron says the members are searched, given roadside sobriety tests and questioned about the club. No one has been arrested, but Cambron worries they face harassment due to their medical needs.
"If you see somebody pulling out of a place where you know people are smoking marijuana, you're going to watch how they're driving," says Sgt. Dave Thompson, spokesman for the sheriff's office. "They're aware it's there. Nobody's targeting it."
When I questioned Sgt. Thompson Wednesday if the two were related, he responded that they were not "monitoring" the "place" but instead they were "monitoring" for "impaired drivers." Cambron's claims that those stopped were "questioned about the club", however, would imply that officers were clearly after more than just monitoring for "impaired drivers."
According to the press release, an additional three homes related to the cannabis lounge were also searched early Wednesday morning. While no arrests were made, Sgt. Thompson informed me that residents were "detained for their own safety" during the search of those homes. They were released when the searches were complete.
When I questioned him on whether or not more businesses were being targeted for similar action, he said he could not "give details" into "any ongoing investigations."
While the comments on the various news stories indicate overall support for medical marijuana dispensaries, and patients have applauded the attainability of quality medical marijuana now that these business are opening all across Oregon, Sgt. Thompson insists that "This is a clear violation of the OMMA and constituted a gross and deliberate violation of Oregon law."
While Sgt. Thompson calls it a "clear violation"— apparently it wasn't so clear as to result in any arrests. Typically, similar search warrants result in multiple arrests, often only based on receiving information that marijuana sales are occurring. Yet, Wake n Bake Cannabis Lounge has had a storefront, multiple ads in a variety of media outlets and a great deal of publicity for nearly seven months — including being referenced by law enforcement multiple times due to the irony of their name — but no arrests were made.
What remains clear is that patients are expected to conjure up marijuana out of thin air, from the perspective of law enforcement. With nearly 53,000 current medical marijuana patients enrolled in the program, and the average use per patient of about 2 ounces per month, Oregon's current medical marijuana patients require approximately 106,000 ounces per month (or 6,600 pounds of marijuana per month) — nearly 1.2 million ounces per year (or 80,000 pounds per year).
Yet, there remains no supply source or even instructions provided on how to obtain marijuana once you are registered with the Oregon Medical Marijuana Program. The OMMP website specifically states, "The OMMP cannot supply you with seeds or starter plants, or give you advice on how to grow medical marijuana." Patients are left to their own devices to interpret what is allowed under the law, and where they should go to get started. Many media outlets have reiterated the theme that patients are expected to go to the black market for their medicine.
Earlier this month, United States District Attorney Dwight Holton teamed up with District Attorneys across Oregon to issue a stern letter to dispensaries throughout Oregon, informing them that selling marijuana was still illegal and "will not be tolerated."
In WW's Budding Conflicts story, Holton expresses frustration with the businesses who attempt to lawfully meet the needs of patients: "I'm struck by the brazenness of recent dispensaries who seem to think they are above the law," Holton says. "It's drug trafficking. Period. End of story."
Holton would like to distract your attention from the "brazenness" of recent law enforcement officers "who seem to think they are above the law" by openly violating the confidentiality provisions of the Oregon Medical Marijuana Act. The Sheriff of Douglas County openly admitted in court to utilizing the OMMP database for background checks for Concealed Handgun License applicants, even though the OMMA explicitly limits access for purposes of verifying that a person is a valid registry cardholder. In the Oregon Appellate Court ruling for Held v Hanlin, the court ruled that this was unlawful access and not authorized by the OMMA.
It seems that Holton would like you to forgive them their blatant illegal activity, and instead focus your outrage on those such as Kat Cambron, (former?) owner of Wake n Bake, who is a medical marijuana patient who discovered first-hand how difficult it was for patients to access their medical marijuana, a former foster parent for over 40 children (until the state took her foster children away due to her use of medical marijuana), and a friendly individual who was trying to provide a safe, private place for patients to exchange their medicine to ensure that any excess made it safely into the hands of needy patients instead of being diverted to the black market. Surely she is the problem, and not those with guns and badges, and most importantly, power and authority, openly violating the law, right?
News Hawk- Jacob Ebel 420 MAGAZINE
Source: examiner.com
Author: Jennifer Alexander
Contact: Contact Us
Copyright: Clarity Digital Group LLC
Website: Wake n Bake Lounge raided after nearly seven months of openly operating in Aloha
