MARIJUANA JURY TRIAL BYPASSED

A Judge Convicts An Advocate For Medical Cannabis

Fifteen months after Robert Gray was busted for manufacture, possession and
distribution of marijuana, the director of the Medical Cannabis Resource
Center in Salem finally had his day in court Monday.

Instead of the all-out fight for principle's sake that Gray swore he would
wage, the 38-year-old medical marijuana card holder and provider waived his
right to a jury trial.

Backed by more than two dozen supporters, wearing white T-shirts with a
marijuana plant over a red cross, Gray and girlfriend Linda Johnson both
agreed to a stipulated fact trials by Marion County Judge Joseph Ochoa.

Gray was convicted by Ochoa, who said he would give Gray 40 months of jail
time. The sentencing is set for Aug. 13 to give investigators time to
review Gray's criminal history.

"I had no choice," Gray said. "He wouldn't allow me to use medical
marijuana as an affirmative defense. I didn't plea because I didn't commit
the crime. I need to take it to the Supreme Court on appeal."

Johnson was convicted and sentenced to 18 months of probation, ordered to
undergo an evaluation and possible drug treatment, cease being a care
provider and stop associating with Gray during that period.

Deputy District Attorney Katie Suver said that Johnson's sentence is
appropriate.

"It has always been our position that this is not a case that involved
medical marijuana," Suver said.

Johnson was emotionally distraught, even before the sentencing.

"I'm only a caregiver," said a teary Johnson, who tried to defend herself
after firing her attorney that morning. He later represented her, after
all. "I don't smoke it. I do it just to help someone out."

Paul Ferder, Gray's attorney, said he's pleased with the outcome. With good
behavior and boot camp, Gray may only serve nine months, Ferder said.

Since Gray did not have to admit guilt, though Ochoa found him guilty,
Ferder can pursue an appeal.

Police searched Johnson's residence, where Gray was staying, as well as
1695 Fairgrounds Road NE, the site of Gray's furniture business. The
cannabis resource center is next door. Gray was out of town on March 8,
2002 when the searches were conducted.

About 37 marijuana plants and more than a pound of dried marijuana were
found at 1695 Fairgrounds Road. The Oregon Medical Marijuana Act allows a
cardholder to have seven plants -- three mature and four immature -- and 1
ounce of dried marijuana for each mature plant.

Gray said he was growing for about a half-dozen patients, including
himself. Oregon law also allows a doctor to prescribe a larger number of
plants for a patient.

Officers also found about a pound of dried marijuana, along with packaging
materials and scales, at Johnson's residence.

The drawn out legal affair had medical marijuana advocates worried about
the fallout.

On one hand, Gray and his supporters say he was the target of overzealous
law enforcement efforts.

On the other, law enforcement officers say Gray was using the law as a
front for illegal drug trafficking.

Federal law prohibits the manufacture and delivery of marijuana, a Schedule
1 drug under the Controlled Substances Act.

But states regulate the practice of medicine and Oregon is one of nine
states that allows medical use of marijuana.

Sonny Watkins, who led a prayer circle outside the courthouse on Monday
before the trial, said he started the Medical Marijuana Cannabis Center
with Gray because it was so difficult for patients to grow and get their
medicine.

"I got ripped off, I got used and abused," said Watkins, a caregiver and
cardholder.

Joe Salazar, who uses medical marijuana for Spina Bifida, a neural tube
defect, said he had to designate another caregiver after Johnson was busted.

"All it did is put another obstacle on top of the one I already had,"
Salazar said. "It's not a drug. We look at it as medication."

Since the bust, Gray has moved the Mercy grow site to Independence. He said
he will pursue a lawsuit against Marion County.