MEDICAL MARIJUANA ADVOCATE TAKES ON SHERIFF

Former Oregon Resident Says The Law Clearly Requires Confidentiality

Does Washington County Sheriff Rob Gordon have it out for medical
marijuana users?

That's what a Vancouver man is asking in a complaint filed with the
state agency that monitors police conduct.

Marcus Griffith, a 27-year-old former Oregon resident, filed a
complaint last month with the state Department of Public Safety
Standards and Training, questioning Gordon's contention that his
office can release information about participants in the Oregon
Medical Marijuana Act if they break the law.

Last month the sheriff's office decided it would change its
interpretation of the state's 10-year-old medical marijuana law,
which deems most information about those who use the drug (and those
who legally grow it for them ) to be confidential. Gordon's office
said those who break the law by selling marijuana, or growing more
than is allowed under the act, lose their right to privacy.

"It's our contention that once a person has broken the rules, they're
no longer protected by that act," said Sgt. David Thompson, sheriff's
office spokesman.

Thompson noted the office has not yet released any personal
information about participants in the program. But, he said the
department is prepared to take that step to better inform the public
about rising crimes, including robberies and assaults, associated
with the Oregon Medical Marijuana Program.

Some, including defense lawyer Leland Berger and Griffith, have
argued that Gordon is overstepping his bounds.

"If Rob Gordon was sticking to focusing on the abuse of the system,
and was giving a fair treatment to the program, I would have no
complaints," said Griffith, who is not a medical marijuana
participant, but developed an interest in the program while studying medicine.

Griffith said he first contacted the sheriff's office last month by
e-mail with concerns over factual errors contained in a press release
about crimes related to medical marijuana. Thompson acknowledged
there were errors in the original press release, but told the
News-Times a corrected release had been sent out.

Griffith then filed his complaint to the state police agency,
claiming Gordon knowingly released false statements about the program
in the press release.

Two weeks ago, he amended his complaint after the News-Times
published a story about Gordon's interpretation of the
confidentiality clause of the law ("Medical marijuana crimes on the
rise," Oct. 22, 2008). In his amended complaint, Griffith stated he
believes Gordon is directing the department to violate privacy laws
because he's biased against people who use medical marijuana.

DPSST officials say that since Griffith's complaint was based on
possible criminal conduct, it should go to the District Attorney's office.

Griffith is unsure what his next step will be. "My involvement in
this matter is purely as a patient advocate," he said.