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Posted on 08/19/2007 2:24:04 PM PDT by Wolfie
Pot Find Is The Legal Kind
Oregon -- The officers serving a search warrant on what they thought was a massive marijuana-growing operation had swarmed a greenhouse filled with plants and were poised to kick in the door of a house on the property when the word came.
This was a registered medical marijuana site and it complied with Oregon law.
"This is a frustration for us," said Sgt. Rick Valentine, supervisor of the Jackson County Narcotics Enforcement Team, who coordinated the seven Jackson County Sheriff's Department employees making this search earlier this month. "When we spend time on what turns out to be legal activity, it takes away from what we could do on illegal activities."
But if the misguided raid was a frustration for investigators, it was a shock to the grower, who arrived home to find a fleet of law enforcement sport-utility vehicles parked in his driveway and officers everywhere.
"I felt pretty violated," said the grower, who didn't want to be named in the newspaper. "I'm not a criminal.
"They turned out to be nice-enough guys, but I wish they had talked to me."
He said he wished his neighbors who complained about his 65-foot-long greenhouse filled with bushy marijuana plants had come to him before contacting police.
He could have explained that he is the registered grower for four medical-marijuana patients — a 22-year-old woman who was in a car crash and suffers from back pain, her mother who has multiple sclerosis, a woman with ovarian cancer, and an elderly man who has battled excruciating migraine headaches for years.
But as marijuana — whether in registered medical-marijuana gardens or vast cartel-operated plots in the forest — matures in the Southern Oregon summer, most people, wisely, don't stop to ask questions. They call police.
"Once the plants extend beyond a fence, we get calls on a pretty regular basis," Medford police Lt. Tim Doney said.
Valentine said his agency gets at least one call every day this time of year from someone who has spotted pot plants. He estimates that nearly 90 percent of easily visible gardens are medical marijuana, but investigators must follow up every call.
"It used to be real clear-cut," Doney said. "If you saw marijuana, it was illegal. Now we have to do more homework."
Investigators start by checking the Oregon Medical Marijuana Program database of medical marijuana patients, caregivers and growing sites. The program, operated by the Department of Human Services, shows that as of July 1, the state had issued 14,868 medical marijuana cards statewide, including 1,295 in Jackson County. The number of registered growing sites isn't publicly available.
Under the Oregon Medical Marijuana Act, each cardholder can have six mature plants, 18 seedlings, and 24 ounces of usable marijuana. A registered grower can grow for up to four cardholders.
But investigators say the law is sometimes abused, and if they have suspicions backed up by observation or witness statements, they will seek a search warrant. They've done that twice this summer, only to find compliant growers, Valentine said.
He said that in his initial survey of the site searched earlier this month, he estimated the greenhouse contained about 300 plants. But when the officers serving the search warrant counted stems, there were only 24 — the number authorized by the four cards the grower displayed at the site.
"The law doesn't say what 'too big of a plant' is," Valentine said.
The grower said the family friends and acquaintances who chose him to produce their medical marijuana selected him because they knew he could nurture plants.
"I have a good horticultural resume," he said, touting his experience on two organic farms in Washington. He has grown medical marijuana in the Rogue Valley for two years.
He creates organic compost teas to feed the plants and for his efforts over a six-month growing season to produce a year's worth of medicine, he is reimbursed $15,000 to $25,000, he said. State law allows cardholders to reimburse growers for supplies and utilities.
He said he grows a marijuana strain that produces a high volume with a low amount of active chemicals. He described it as "fluffy," but still noted that each mature plant produces between one and a half and two pounds of usable marijuana. The grower said advocacy groups around the state help facilitate transfers of excess marijuana. State law allows a cardholder to give marijuana to another cardholder if no money is exchanged, but authorities said there is no clear provision for clubs to swap or share marijuana.
"For voters, the intent was good," Valentine said of the medical marijuana law Oregon voters approved in 1998. "They wanted to help people who were suffering, but this has gone beyond what people envisioned."
He said permitting smaller amounts and requiring growers to submit to compliance checks would make enforcement easier for police.
He estimates that JACNET currently spends nearly 50 percent of its time investigating complaints about marijuana ultimately found to be compliant, medical growing operations.
"It takes a lot of time out of our schedule that could be spent on methamphetamine or heroin, which is increasing here," Valentine said.
The grower searched this month said he understands how people can have fears about drugs and drug-related violence in their neighborhoods when they see marijuana growing.
"If I saw something that looked dangerous next to my home, I would want it checked out, too," he said.
However, he said people shouldn't feel threatened just because they don't understand the medical marijuana program and assume all growers are criminal.
"I run a clean operation," he said. "I have my own family to keep safe."
He said the greenhouse shields neighbors from the scent and view of his controversial crop. He reiterates, though, that a majority of voters has authorized operations like his.
"Like it or not, it's the law," he said.
Where are you located? Our garden is 5,000 sq ft with 63 tomato plants in four varieties.... we make a mean salsa and spagette sause.
It isn't.
Still one would think the State of Oregon could maintain some kind of database for law enforcement to prevent this sort of thing. It appears this man did follow Oregon law after all.
So why is it so difficult for these local flatfoots to learn who is registered by the State of Oregon to legally grow this stuff?
Then they wouldn't look like idiots.
Just a thought.
L
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A 65 foot long green house for 24 plants? He is now free to plant 1000 plants. Ping me when the real thugs rip him off...
24 plants x 1.5 lbs. per plant = 36 lbs.
1 lb. = 438 gm
36 lbs. x 438 = 15,768 gm
1 "dose" = ~0.25 gm
15,578 gm / .25 gm = 62,312 doses
4 people x 365 days = 1,460 person-days
63,312 doses / 1,460 person-days = 43.4 doses per day
That oughta do it.
Ahhhh, you mean they have to do some rudimentary checking before throwing in the flash-bangs and sending in 45 SWAT team members who will kill the family dog. They always kill the dog. Call PETA.
Next thing you know he's going to complain about getting the address correct before busting down the door at 3:00 am.
Clarence Thomas' Use of Historical Sources
Address:http://www.freerepublic.com/focus/f-news/1885059/posts
Many here at FR disagree with the basic concept that Congress is not enpowered by the Commerce Clause to prohibit commerce that is "completely internal, which is carried on between man and man in a State, or between different parts of the same State, and which does not extend to or affect other States."
-- These FReepers believe that our 'War on Drugs' is justified by "Congressional findings", -- opinions that prohibitions on dangerous products are a "necessary and proper" role of Congress.
Needless to say, many in Congress also see firearms as 'dangerous products'.
It's all socialistic hype, as they realize full well.
Proponents of the (Oregon medical marijuana -rp) 1998 ballot measure initially said that several hundred patients needed the program. Today, according to the Web page of the state program, 14,868 patients hold cards issued by the program.
I wonder if the measure would have passed had the proponents told the truth.
"Like it or not, it's the law," he said."
Better watch it bucko. The feds will use those exact same words when they put the cuffs on.
I see nowhere in the article where it says he had 36-48 pounds of marijuana. It says they found 24 plants which was legal to have based upon every 1 person being able to cultivate 6 plants and having a grower be able to grow for 4 people. It also said that excess marijuana was able to be given for free to other medical marijuana card holders so long as no cash passed hands. I have no dog in this fight except that as a taxpayer I get a little upset seeing this much money being wasted in law enforcement, especially since they try and say that they are broke and can’t operate the jails and must let people out early.
Allow me to clarify. He had enough plants to grow 36-48 pounds of marijuana for four people. A tad much?
"It also said that excess marijuana was able to be given for free to other medical marijuana card holders so long as no cash passed hands."
I see nowhere in the article where it says he actually did that. For all we know he sold the excess to non-card holders at street prices, making a tremendous profit. But we don't know that for sure.
Which demonstrates the problem with the medical marijuana program specifically and individual legal growers generally.
It appears as though it’s legal to grow weed in Oregon with a government permit.
Since Jackson County claims their investigations are complaint driven, perhaps they should start demanding of complainants that they provide evidence that a reported growing operation does not have the required permit.
Would save a lot of time and money and the good people of the county would be just as safe - probably safer. And certainly their dogs would be safer.
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