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News (Media Awareness Project) - US OR: Ruling Will Have Limited Impact On Oregon Law
Title:US OR: Ruling Will Have Limited Impact On Oregon Law
Published On:2001-05-14
Source:Oregonian, The (OR)
Fetched On:2008-09-01 09:02:52
RULING WILL HAVE LIMITED IMPACT ON OREGON LAW

PORTLAND, Ore. (AP) -- A state law that permits marijuana use by
Oregonians with certain illnesses is unlikely to be affected by a U.S.
Supreme Court ruling that federal law makes no exception for medical
marijuana, legal and health experts say.

The unanimous decision by the high court on Monday noted that marijuana has
"no currently accepted medical use" and cannot be granted an exception
under the federal Controlled Substances Act.

The ruling will have little impact on Oregon's law, because enforcement
lies with federal agencies and not state ones, said Kristen Grainger,
spokeswoman for the Oregon Attorney General's office.

"The ruling today does not directly affect Oregon law," she said.

Michael Brown, assistant U.S. Attorney for the District of Oregon, said
Monday's ruling means federal agents could prosecute Oregon's medical
marijuana users, but that isn't likely.

Individuals growing a small number of plants "haven't met our criteria for
prosecution" in the past, he said, though a new White House administration
could change that.

Oregon voters passed medical marijuana legislation in 1998 for patients
suffering from AIDS, cancer, multiple sclerosis, glaucoma and other
illnesses. Under current state law, approved users may grow three mature
plants, four immature plants and possess 3 ounces of dried plant and
flowers at one time. A doctor cannot prescribe marijuana, but can suggest
it to patients who might benefit.

Two new medical marijuana bills are under consideration by state
lawmakers. Joint House Resolution HJM31 asks the next Legislature to
petition the federal government to legalize medical marijuana nationwide.

Another bill, HB3919, would increase the amount of marijuana permitted to
medical users to four mature plants, five immature plants and 10 ounces of
dried marijuana.

About 1,600 Oregonians are approved medical marijuana users, said Stormy
Ray, a 45-year-old Ontario woman who uses marijuana to control her multiple
sclerosis.

Ray, who lobbied heavily for the 1998 legislation and is pushing HJM31 and
HB3919, hopes Monday's ruling will convince federal lawmakers to rewrite
legislation to make medical marijuana legal nationwide.

"Give us a (legal drug) category and get us out of these federal traps,"
she said.

Geoff Sugerman, a political consultant who campaigned for the medical
marijuana legislation, said he is interested to see how federal officials
react to the ruling.

"It's not going to invalidate all the state laws," he said. "The question
is, is the federal government going to wage its war on drugs against sick
and dying patients?"
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