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Medical Marijuana Case Evaporates


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A Marion County grand jury has refused to indict a Keizer medical marijuana user on charges that he manufactured hashish, or hash oil, from his legal crop. The grand jury returned a "not true bill" on a Class A felony charge of unlawful manufacture of a controlled substance within 1,000 feet of a school against Anthony Wyatt Beasley, 28. The grand jury's action means the case is essentially dead, Marion County Deputy District Attorney Courtland Geyer said.

"Once a grand jury issues a 'not true bill,' it is possible but difficult to revive the case," Geyer said. Newly discovered evidence is the most common reason for taking a case to the grand jury a second time.

Geyer would not comment on the grand jury's decision, citing secrecy requirements in state law regarding the grand jury process. Beasley was arrested Oct. 19 after Keizer police found PVC pipes in his home containing a concentration of marijuana, which led police to think hashish was being made. Beasley told police he was extracting tetrahydrocannabinol, or THC, from his medicinal marijuana. He had been legally growing 24 plants in his backyard, which abutted a parking lot for McNary High School. Some Keizer residents were outraged by the presence of medical marijuana so close to a school, even though it is not illegal under state law. County officials served eviction papers from Beasley's landlord the day of his arrest.

Beasley could not be reached for comment.

Leland Berger, a defense attorney specializing in medical marijuana cases, said the outcome was not surprising. Berger did not represent Beasley. "The grand jury was instituted as a civilian bulwark against out-of-control, executive authority as a protection," Berger said. "When it issues a 'not true bill,' it's performing that historic function." Berger said Keizer police's bias and prejudice toward medical marijuana patients doesn't change the fact that licensed grows are legal.

"The people have always been ahead of the government, even in Marion County," Berger said.

Prosecutors think distilling hash oil from marijuana is illegal, even for medical users, and people should not conclude it is now permitted under law, Geyer said. Hashish is classified differently than marijuana under federal controlled substance guidelines, Geyer said, and the Oregon medical marijuana law does not specifically address converting marijuana to hashish.

"It would be a very bad mistake to interpret the result of this case as some broad declaration statewide of legality," Geyer said. "We have other indictments on this issue in Marion County, and we will continue to prosecute."

Keizer police Capt. Jeff Kuhns would not comment on the case, citing grand jury secrecy requirements. But he said Oregon's medical marijuana law is vaguely written and needs to be overhauled. "There are people who have dug their heels in on both sides of this," Kuhns said. "I think the Legislature or whoever needs to to take a look at this law and better define some areas, this being one of them."

It is rare for a grand jury to refuse to indict a defendant on charges leveled by police and prosecutors, Geyer said.

In Oregon, alleged felons usually are charged by police and later arraigned before a judge who reviews information gathered by a district attorney. At that point, the felony charges are referred to a grand jury, which reviews whether there's a good enough case to proceed to trial. In most cases, the grand jury finds there is enough evidence and indicts the defendant.

"The rationale behind that is, for charges more serious than a misdemeanor there will be protection by an independent body to make sure there is evidence a crime was committed and this person did it," Geyer said, describing it as a "check and balance" against the executive branch's power to arrest and charge.

Source: Statesman Journal
Copyright: 2007 StatesmanJournal.com
Contact: Customer Service - StatesmanJournal.Com
Website: News - StatesmanJournal.com


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In Oregon, a medical cannabis state...an Oregon medical cannabis patient charged by his local Oregon police...thrown out by an Oregon grand jury...it should have evaporated.

Hoo-rah to the Oregon grand jury's decision! State law rules the day. :3::peace:


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Yes, Hoo-rah to the Oregon Grand Jury.
Hash Oil and Hash are a derivative of marijuana, and should be addressed and treated the same as Oregon Grapes that are distilled for a fine Dundee Pinot Noir, or one step along in making a fine Brandy.
There are many similarities in both cannabis and grapes.
However the grand jury can indict an indivdual who has been arrested, and the original case dismissed by a judge for "no search warrant" " he had been follwed for almost 20 hours, detained and questioned, while repeatedly asked that his attorney be present, the DEA searched his belongings without his consent and zero probable cause.
6 months later a Grand Jury returned a secret indictment. 3 months later a guilty verdict for possession of marijuana , 3 federal charges were dropped and a 10 year state prison sentence was handed down for possesion of a felony amount of marijuana. A Class B Felony, same as rape and murder.
It is ironic that his brother was killed by Drunk Driver in Oregon, the man was found guilty of Manslaughter a class c felony. That man served 5 days in a county jail facility.
Thank goodness for a judge who had the balls to stand up for justice in his own way,but, by the law. He agreed that anyone who killed someone should receive a sentence much longer than 5 days compared to one who has to serve 18 months minimum on a 10 year stretch for simply possesing marijuana. But the laws on his books in his court stated that 10 years was minimum for that amount of marijuana that was found.
Judge Ellis of Portland ought to be commended in his final statements and helping to overturn many laws in Oregon having to do with possession of any marijuana, he also wrote to the grand jury, that a possible suspect is not granted the rights to have an attorney present while the grand jury is taking under consideration the DA's tales of how they simply caught person "XX" with "X" amount of marijuana. Indict him please. This now may constitute doubly jepordy since the case was dismissed originally, and the DA did not tell the grand jusry that the DEA failed to follow proper procedure, and that is why the case was " thrown out of court" originally.
We have jobs to do and we all know the consequences when we do not do our jobs correctly, if we have those rules and regulations that we must follow.
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