MEDICAL MARIJUANA ADVOCATES THREATEN LAWSUITS

Quantity of 'usable' pot is at issue in the case of local cardholder
convicted of possessing too much of the substance

Medical marijuana supporters are threatening lawsuits and rallying
around a Medford man they say was wrongfully convicted of felony
charges related to a September arrest.

Joshua Brewer, 22, was found guilty June 2 of a single count each of
manufacturing and possessing a substantial amount of marijuana after
a two-day jury trail in Jackson County Circuit Court.

Local members of the National Organization for the Reform of
Marijuana Laws (NORML) protested Brewer's sentencing hearing Tuesday
morning. The group is seeking donations to appeal Brewer's conviction
and is threatening a federal civil rights lawsuit against the city
of Medford, its Police Department and individual officers.

Brewer and two other medical marijuana cardholders were growing
cannabis at their Spring Street residence in Medford when Brewer was
arrested Sept. 27 for having more "usable" marijuana than his medical
card allowed, said his former public defender Michael Bertholf.

A press release from NORML said Medford police were either unaware of
laws regarding medical marijuana, deliberately ignoring the law or
blatantly violating it.

"Or none of the above," said Medford Police Deputy Chief Tim George,
who attended the sentencing hearing, which was postponed to allow a
new defense attorney to better familiarize himself with the case.

George said his officers were well aware of the law and followed
policy. Medford police arrest at least one medical marijuana
cardholder per week, George said.

"Marijuana is still a Schedule I drug and there is plenty of abuse,"
George said. "The state presented their case and (Brewer) was
convicted. People have a right to appeal their case, or accuse us of
civil violations. That's not going to change the way we do business."

The three Oregon Medical Marijuana Program cardholders at the Spring
Street residence were legally entitled to collectively possess up to
4.5 pounds of usable marijuana. Medford police seized 5.28 pounds in
the raid, Bertholf said.

In the trial, Bertholf asked Judge Ray White to dismiss all charges
against Brewer. The plants seized had been harvested just days before
the raid, he said, and about half of the material was not usable marijuana.

"The state tested one exhibit that had some 40 grams of usable
marijuana, part of it included unidentified plant material and also a
bag of moldy material that was unidentifiable," Bertholf said. "I
felt that due to the inaccuracy of the weight, our motion should have
been granted."

White dismissed weapons and endangering charges against Brewer. But
the judge ruled the possession and manufacturing charges would stand,
allowing jurors to determine how much of the marijuana was usable.

The jury found Brewer guilty of the two felony drug charges on June 2
after two hours of deliberation. Bertholf said he expected Brewer
would receive probation, but noted his client could receive up to 10
years and fines of $250,000 for each guilty verdict.

On Tuesday Brewer appeared before White for his sentencing hearing
accompanied by Portland attorney Leland Berger. Berger, who assisted
in drafting the Oregon Medical Marijuana Act, represents medical
marijuana patients and their caregivers statewide. Berger said he was
hired Monday to replace Bertholf and represent Brewer.

"I was hired to represent Mr. Brewer, but not by NORML," Berger said,
declining to say who hired him.

Berger said medical marijuana patients and providers are being caught
in the gray areas of the current OMMP laws. Those laws were amended
in 2005 and increased the amount of marijuana that could be possessed
in exchange for limiting options for defense in these types of cases.

Berger said there is often confusion over how much of the cannabis
seized is actually "usable."

"This is an ongoing issue," Berger said. "Patients and providers are
trying to comply. But they are being arrested and
prosecuted."

At Tuesday's sentencing hearing, White granted Berger's request for
postponement to allow the lawyer to familiarize himself with the
case. Brewer's next hearing is scheduled for 8:30 a.m. on June 29.