MEDICAL MARIJUANA CASE EVAPORATES

Grand Jury Refuses to Indict Keizer User on Charges That He
Manufactured Hashish

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.