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News (Media Awareness Project) - US OR: Pot Seeds Might Not Produce A High, But Court Says They're Legal
Title:US OR: Pot Seeds Might Not Produce A High, But Court Says They're Legal
Published On:2005-12-31
Source:Oregonian, The (Portland, OR)
Fetched On:2008-08-19 01:06:13
POT SEEDS MIGHT NOT PRODUCE A HIGH, BUT COURT SAYS THEY'RE LEGAL

State law - The law barring most marijuana use in Oregon omits the
word "seeds"

Smoking marijuana seeds may give you a headache, but it is apparently
perfectly legal under state law, according to the Oregon Court of Appeals.

Pendleton resident Cameron Scott Beers, 27, was busted in 2002 for
driving under the influence and possession of less than one ounce of
marijuana, an infraction.

On appeal, Beers claimed that he shouldn't have been convicted because
all he had on him were seeds.

And state law says "Any person who knowingly or intentionally is in
unlawful possession of less than one avoirdupois ounce of the dried
leaves, stems and flowers of the plant Cannabis family Moraceae is
guilty of a violation, punishable by a fine of not less than $500 and
not more than $1,000."

Although the law doesn't mention seeds, the Court of Appeals
considered whether legislators might have made a mistake. But the
court rejected that idea after noting that lawmakers had included
seeds elsewhere in state law.

"The omission of seeds from that list of marijuana plant components
was apparently not an oversight," the court wrote Wednesday.

David T. McDonald, a Portland attorney who has handled a lot of
marijuana cases, said the ruling appeared to clear the way for legal
seed-smoking, at least under state law.

"I'm not sure it would generate the desired effect," McDonald said.
"But it appears to be OK."
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