Jan 082010
 January 8, 2010

POTENTIAL MEDICAL MARIJUANA GAMECHANGER – In September of 2009 Anthony Beasley of Keizer, OR (see attached article) filed a lawsuit against the city of Keizer, claiming that his civil rights were violated when his house was raided back in 2007. A couple of weeks before the raid, Mr. Beasley’s house was burglarized, and his medical marijuana plants taken. When the police came to investigate the burglary, they discovered the LEGAL medical marijuana garden. The officers didn’t know what to do though, because the grow house was bordered by the local high school. We’re not talking within 1000 feet of the school, we’re talking 0.00 ft from the school. Like, if you hopped over his back yard fence, you would be in the Keizer high school parking lot. ***His plants were being grown outside in his backyard, so it’s pretty easy to figure out how the culprits staked out his place!*** After NOT citing Mr. Beasley at the time, the Keizer police decided to come back TWO weeks later (on ‘another unrelated complaint’ involving hash containers) and cite him for cultivating and possessing marijuana within 1000 feet of a school. The charges were later dropped because he was LEGAL, and the city of Keizer then resorted to trying to pass a zoning law post facto. However, opposite to zoning businesses, there is no case law as far as zoning private, LEGAL medicine consumers. For the non-legal crowd, this means no rules have been set yet. Due to this fact, whether or not a zoning law is legal, or if current ‘drug free school zones’ pertain to medical marijuana, is unclear.

But I would make this legal due process argument: If you can have prescription painkillers near a school, how is medical marijuana different, assuming both are prescribed to the patient legally? One might argue that school zones are federal, and federal law considers marijuana to be illegal, so state programs aren’t recognized, and therefore a ban on medical marijuana is perfectly legal. But I would say this: A school zoning law means NO banned substances are allowed within the ‘zone,’ at any time, under any circumstances. Opiates are the same level according to the feds as marijuana (assuming you don’t have a prescription), so regardless of if you had marijuana with no prescription (according to the feds, it’s every time) or an opiate painkiller with no prescription, you would be violating the ‘drug free school zone’ law either way, and therefore they are considered EQUALS under the law. You get a prescription for either substance form a state recognized doctor, so again they are considered EQUALS under the law. In regular English, if you have a state recognized prescription for a substance the feds consider to be illegal, it is no longer illegal, and therefore is no longer ‘banned’ under the school zone law. The 14th Amendment requires equal protection under the laws, and to pick and choose when a law applies and when it doesn’t is a clear violation of the 14th Amendment. It has to apply to all patients, all the time, equally, or be tossed out.

Sorry for the legal ramble, but this will be an IMPORTANT battle. As someone that once grew medical marijuana LEGALLY in a house across the street from a school, I will be keeping tabs on this case. The outcome could affect every medical marijuana grower and patient in America, because if you can’t have medical plants near a school, you can’t have medical marijuana near a school, period. Imagine getting pulled over, un-medicated, with your medical card, and getting the same charge as a corner drug dealer just because you had a gram of medicine in your vehicle. We look forward to seeing the outcome of your case Mr. Beasley.

http://hightimes.com/news/ht_admin/3789

About Johnny Green

Johnny Green is a marijuana activist from Oregon. He has a Bachelor's Degree in Public Policy. Follow Johnny Green on Facebook and Twitter. Also, feel free to email any concerns.
  • http://www.theweedblog.com NinjaSmoker

    Just another case of trying to regulate the “unregulatable.”

  • Cut UR Hair

    Drugs have no place near schools. Period.

    • FRESH

      cannabis is not a drug, a man made substance is a drug you dumF.

    • FRESH

      cannabis is not a drug, a man made substance is a drug you.

  • Neal Feldman

    I am an OMMA patient. I cannot medicate outside, even in my backyard. I am not allowed to ‘deal to school kids’ nor do I do so. As such it is irrelevant where I live relative to schools.

    This whole 1000 feet thing is ridiculous anyway. Other than the deep sticks of BFE there pretty much nowhere that is not less than 1000 feet from some school and even if you found such a place a later opening school can erase it. I am in a wheelchair and depend on mass transit. Living deep in BFE simply is not an option for me.

    I followed the Beasley case closely. Keystone Kop Capt Jeff Kuhns had no interest in catching the thieves who stole his medicine. Their attempt to indight was thrown out by the grand jury. Keizer, Keizer PD, Marion County, MC DA office and of course mr “I don’t enforce laws I personally disagree with” Kuhns. Maybe Beasley can utterly bankrupt all defendants. That would be sweet news indeed!

    Ah well…

    • http://www.theweedblog.com NinjaSmoker

      It is rediculous! Within a thousand feet of a school is just about anywhere in city limits of almost any town. Just a way for “the man” to punish the innocent

  • Cut UR Hair

    Innocent people my ass. These are the same people that will give a free sample to a kid just to get them hooked. Next thing you know the drug dealer starts putting other drugs in with the weed. After that, the kid is in my backyard stealing my stuff and I have to put him down.

    • Tootles

      Cut UR Hair, what have you been smoking? For pete’s sake I thought this attitude went with the wayside with that movie “Reefer Madness”! It is not the pot smoker you must be paranoid about stealing your “stuff”, its your local tweekers. Big difference my man.

  • Amused

    Cut UR Hair: Why are you blogging on a pro-marijuana site if you are belligerently against those who use the plant?

    By stating – “These are the same people that will give a free sample to a kid just to get them hooked” – when the topic is about the legally-sanctioned use and cultivation of marijuana in your place of residence and the legal dilemmas arising from separate ordinances, you imply that all legally-sanctioned medical marijuana users prey on, and seek to do harm to, children/adults. This is pretty much the same kind of reasoning and rhetoric espoused in most anti-marijuana literature. Unfortunately, more compelling arguments from anti-marijuana crusaders are unlikely to come any time soon because they have learned that, on average, Americans are intellectually-lazy and, hence, more easily spurred by emotional arguments–however illogical and inarticulate–when it comes time to vote. That’s right, we are presented stupid arguments because most people are believed to be incapable of dealing with specific information, its logic, soundness, etc. There is little room for intelligent debate when people equate marijuana-use with kids stealing stuff from out of your backyard, as Cut UR Hair clearly does. If people did inquire a little further about the debate over marijuana medicalization/legalization, they would find that the arguments of its opponents often build from citizens’ irrational fears of things and people they don’t understand or know about. Fears about the cultures and practices of other races, ethnic groups, economic classes, etc. Fears about someone harming you or your family (especially as it relates to PROPERTY, ahem Cut UR HAIR). Conversely, these relate to other fears as well. Fears about letting people and communities manage their own medical or social needs. Fears about letting people without college degrees and ‘respectable’ family and social backgrounds earn money and make it in the world.

    In this climate, arguments about the social, economic and personal damages of alcohol or the health and economic benefits of marijuana won’t do. Since we aren’t and haven’t been debating about the facts, the best strategy for marijuana proponents lies in exposing the blatant stupidity in their arguments….or rather in their positions, since argument implies the use of logic.

    Time is on the side of proponents for its legalization, however, because the ideologies that sustain its prohibition will whither with generational progression.

  • Pablo

    Give kids free drugs on drug free week… Good idea

  • http://www.start-a-dispensary.com/ Open Dispensary

    Hes way too close, they dont even allow liquor stores that close. Follow the rules and be at least 1000 feet away.Â

  • REV . BRIAN K ALLEN

    HEY JOHN GREEN ……. IF YOU READ MORE IN CALIFORNIA IT SAIDS : A 1000 FT. AWAY ,UNLESS YOUR A RESIDENT ,AND IF A RESIDENT YOU MUST BE AND/OR REMAIN IN YOUR RESIDENTS WHEN ADMINISTRORING YOUR MEDS !!!!!! …. I GOT THE PATIENTS LAW BOOK IN PDF IF YOU’D LIKE TO SEE IT !!!!…… NOW I’M NOT ENCOURAGING KIDS TO USE CANNABIS ILLEGALLY ,BUT I HAVE A RIGHT NOT TO BE IN PAIN ASS HOLE !!!!!! THE HONORABLE REV. BRIAN K ALLEN ( CERTIFIED PAGAN PREIST )

  • REV . BRIAN K ALLEN

    AND ALL YOU STUPID PTA FUCKS NEED TO SHUT UP TO …. CAUSE UNLESS YOU HAVE A DR. DEGREE OR ETC……. THEN YOU MAY OPEN YOUR MOUTH CAUSE AS FAR AS I’M CONCERNED MY AUNT WAS A TEACHER OF 40 YRS. AND DIED OF CANCER AND DIDN’T EVEN GET TO ENJOY HER RETIREMENT MONEY AND TRIED EVERY FORM OF TREATMENT ( EXCEPT CANNABIS TREATMENT ) AND DIED ,SO KISS MY ASS