CONVICT'S MEDICAL POT IS OUT

Judge Says She's Trying To Abuse Law

A Jackson County judge denied a Grants Pass woman's request to use marijuana
medically while she is on probation for growing the drug.

Pamela Jill Stafsholt, 41, was ordered on Monday by Judge Dan Harris to quit
using marijuana even though she has been approved for the state-issued card
allowing people with illnesses to grow and use small amounts of the drug.

"I think it sends a message that the courts are not going to allow (the
Oregon Medical Marijuana Act) to be used and twisted to satisfy someone's
desire to smoke marijuana," said Jackson County Deputy District Attorney
Allan Smith.

Stafsholt and her attorney could not be reached Monday evening.

The Oregon Medical Marijuana Act went into effect last December, allowing
some people to use marijuana when their physician indicates that it might be
beneficial. The people must apply for the card, pay a $150 fee and get
approval from the Oregon Health Division to use the drug.

Stafsholt was arrested June 1998 on several drug and child neglect charges.
She was convicted of manufacture of marijuana and first-degree child neglect
on Dec. 3 -- the day the Medical Marijuana Act went into effect.

In March, a Josephine County probation officer filed a probation violation
allegation, charging that Stafsholt had THC -- the active chemical in
marijuana -- in her urine. She was also alleged to have failed to complete a
drug program, failed to undertake a mental health examination and failed to
report to the officer.

About the same time, Stafsholt's lawyer, Roger Lee Clark of Eugene, filed a
motion to change the terms of her probation to allow her to use marijuana
medically.

The issue was aired at a hearing on June 4.

At the hearing, Clark said Stafsholt suffers from rheumatoid arthritis, a
degenerative condition that causes severe pain and swelling of the joints.
He said she's undergoing chemotherapy as a treatment and uses marijuana to
relieve nausea. Clark also said she has another illness that he would not
disclose.

Smith said that Stafsholt may have had a medical condition, but he argued
that she was growing too much pot -- 150 grams of marijuana and more than 28
plants when she was arrested -- than necessary for personal use.

Harris issued his decision on the case on Monday afternoon.

Smith said Harris denied the motion to change the terms of her probation for
three reasons:

First, Harris found that Stafsholt failed to show that she needed the drug.
Second, the judge said the use of marijuana is still a violation of federal
drug laws.

Third, Harris ruled that the use of marijuana was "highly inappropriate"
considering that Stafsholt was convicted of growing marijuana and exposing
children to it, Smith said.

Harris acquitted her of charges that she wasn't reporting to her probation
officer and hadn't completed a drug treatment program.

But he did find her guilty of ingesting marijuana. For that, Harris
sentenced her to 10 days of jail or home detention if her physician
recommends it. She will then continue probation.

The hearing was held in Jackson County, because Stafsholt is the ex-wife of
Josephine County District Attorney Tim Thompson. They divorced about 10
years ago.