MAKING A HASH OF THE LAW

Just so nobody gets the wrong idea, we thought Measure 67-- the
medical marijuana initiative-- was a terrible idea before it passed at
the polls last November, and we haven't changed our opinion since.

That said, we think Rep. Kevin Mannix's attempt to prune the law is a
terrible idea too. His objections may be perfectly valid, but the
decision of voters to ignore them last fall clearly indicate that the
existing law reflects their will. Mannix should respect it.

Mannix's two most significant " fixes " involve the role of law
enforcement, which is appropriate given that the bill, HB 3052,
originated with the Oregon Cheifs of Police.

The first change would jetison the so called " affirmative defense "
available to people who either possess marijuana without the proper
authorization or possess more marijuana than the law allows.

Under the current law, such people could simply claim that they need
pot for medical reasons, and the state would have to prove them wrong.
Mannix would shift the burden of proof to the pot user.

The affirmative action defense makes prosecution for pot possession
absurdly difficult, as opponents of Measure 67 made abundantly clear
last fall. Oregonians ignored this objection, however, just as they
ignored the one responsible for Mannix's second fix.

If police seize marijuana plants from any registered pot user or any
other pot user who claims medical need, Measure 67 requires that the
plants be kept alive until the court determines quilt or innocence.

Mannix's bill would remove this requirement and, further, allow the
police to keep the pot. We agree that the prospect of turning police
departments into de facto marijuana farms isn't a pleasant one, but,
again, it is something to which Oregonians implicitly agreed when they
passed Measure 67.

If, as is likely, the difficulty of prosecution drastically reduces
the number of marijuana arrests in the state, thats too bad, but it's
the will of the electorate. Subverting it may win Mannix some points
with the Oregon Chiefs of Police, but will merely encourge future
petioners to forsake statutory initiatives and play around with the
Constitution instead.