State Outlines Medical Pot Use

Salem, OR -- Oregon Attorney General Hardy Myers said Wednesday that the state's new medical marijuana law won't shield people from prosecution if they sell the drug or grow too many plants.

Myers issued a set of guidelines for how police should approach the voter-approved law, which permits use of the drug to ease symptoms for illnesses such as cancer, glaucoma and AIDS.

The guidelines state that a medical defense could be lost if there has been an attempt to sell pot or grow more than the law allows - four immature plants, three mature plants and up to an ounce of dried marijuana for each mature plant.

Investigators seeking evidence of medical conditions were advised to focus on whether the person has submitted documentation to the Oregon Health Division.

A spokesman for Oregonians for Medical Rights, a sponsor of ballot measure, said the guidelines follow the law closely.

``It was never meant to be a shield behind which people who are illegally growing marijuana could hide,'' said Geoff Sugerman of Silverton. ``It asks patients to seek a written recommendation from their doctors and keep it in their possession. If they have that they are going to be protected.''

Kevin Campbell, executive director of the Oregon Association Chiefs of Police, said that the guidelines appear to leave some room for discretion.

``This makes what used to be a routine marijuana bust ... more difficult,'' he said. ``All of them will be more difficult unless there is clear evidence of a sale or a large illegal grow.''

Myers' guidelines say nothing about whether authorities should enforce federal law, which prohibits marijuana use. Under his guidelines, investigators should determine whether doctors' instructions are being followed, whether the person will release medical records and why the individual prefers marijuana to other medical practices.

When an officer has an indication that there is no valid medical claim, he can usually seize the marijuana, the guidelines say.

Copyright 1998 The Register-Guard

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