Sunday

Jan. 24, 2010 - Medical pot a growing presence




By Damian Mann
Mail Tribune

Next to the federal courthouse in downtown Medford, medical marijuana patients pass in and out of a nondescript building where cannabis is smoked, grown and exchanged between patients.

In the lobby, something that looks like driftwood sits on a desk. It's the stump from a massive marijuana plant that produced 16 pounds of dried bud in a growing climate that many growers say rivals Northern California.

It's no accident that Southern Oregon NORML moved into these offices, where its volunteers have windows that overlook the courthouse parking lot used by judges and sheriff's deputies unloading prisoners for trials.

"The fact that the federal courthouse was here is the icing on the cake," said Mel Barniskis, information manager.

SO NORML is one of eight businesses that have sprung up in the Rogue Valley in the past two years to help patients with the complicated process of getting a medical marijuana card and connecting with a grower who can provide the medication allowed under the Oregon Medical Marijuana Act of 1998. In 2006, Senate Bill 1085 increased the number of plants and quantity of dried marijuana a patient could possess to six mature plants, 18 immature seedlings and 24 ounces of usable cannabis.

Cannabis advocates hope setting up SO NORML's operation next to a courthouse sends a message that the medical benefits of marijuana are more widely embraced, laws are relaxing and the stereotype of "Reefer Madness" is fading away.

Jackson County has the third-highest number of medical marijuana cardholders of the 36 counties in the state at 2,931, according to the latest figures from the Oregon Medical Marijuana Program. Both Jackson and Josephine counties have the highest number of cardholders per capita in the state.

Barniskis said SO NORML, where the smell of marijuana is sometimes evident upon entering the lobby, makes every effort to follow the law and get along with its neighbor, the federal government, which still classifies marijuana in the same category as heroin. The federal government in October agreed not to arrest patients who comply with state laws allowing medical marijuana.

"We have to be operating within the law or we're the biggest idiots in the world," Barniskis said. "We're not the biggest idiots in the world."

Marijuana-related establishments such as SO NORML are part of a growing cottage industry allowed under Oregon's medical marijuana law. But both advocates and opponents of medical marijuana want to change the law, which many think is vague and lacks adequate oversight.

Marijuana proponents' goals range from fully legalizing the drug to classifying it as a prescription medication available at drugstores.

Opponents, particularly law enforcement, want more restrictions and regulation, saying current laws open the door to more cannabis production, which they fear will lead more people into a world of drugs.

Medford Deputy Police Chief Tim George said lax marijuana laws have led to a boost in pot seizures.

His drug unit confiscated 5 pounds of dried marijuana in 2008 and 108 pounds in 2009. "We expect our numbers to be off the charts in 2010," he said.

George criticized current laws that allow a cardholder to possess up to 24 plants and 24 ounces of processed marijuana, the most of the 14 states that have medical marijuana laws.

Medford Police Chief Randy Schoen said marijuana clinics such as SO NORML generate very few complaints, but if problems arise he will consult with the Jackson County District Attorney's Office to help determine whether they are operating within the law.

He said he would wait until a specific case arises before commenting on the legality of these operations. "We have our opinions whether it is legal or not," said Schoen.

In addition to SO NORML and three others in Medford, medical marijuana clinics have opened in Ashland, Rogue River and Grants Pass. Not all have been without incident.

Brenda Thomas, manager of the Hemp and Cannabis Foundation in Grants Pass, was arrested in November after law enforcement agents alleged she and others had 200 pounds of marijuana.

SO NORML's offices are just a few blocks from the Medford police station, and Barniskis said she and the rest of the staff welcome the police and anyone else who wants to take a look at their operation.

Far in the back of the building, SO NORML has a smoking lounge for people with medical marijuana cards, who can exchange marijuana to find out which strain provides the best treatment for a variety of medical problems. This is one of the few areas that are off-limits to the general public.

She said the operation is self-policing, booting out any member who tries to sell marijuana or does anything that conflicts with the law. About 350 members pay a $100 annual fee, or $35 if they are considered low-income. Some 250 growers are part of the organization, many of whom also have medical marijuana cards.

Sometimes problems do arise, she said. A grower might tell a patient that the plants got ripped off, only to turn around and sell the marijuana for top dollar on the black market.

"You're always going to have somebody abusing the system," Barniskis said. "We as an organization are attempting to weed that out as much as possible."

Local police agencies have been cracking down on medical marijuana growers who exceed the limit allowed by law. On Monday, a marijuana grow site was raided in Gold Hill for allegedly containing 80 pounds of processed marijuana, far more than the legal limit of 12 pounds for the site, which had two registered growers. Police arrested Tommie Dean McIntosh, 37, on manufacturing, possession and distribution of marijuana, as well as being a felon in possession of a handgun.

Medical marijuana users face other dangers, as well. On Friday night, the Josephine County Sheriff's Department reported that two armed men staged a home invasion robbery at the home of a Cave Junction man, stealing his medical marijuana and leaving the man with a fractured skull and two broken fingers.

Barniskis said law enforcement needs to better understand how pot is smoked, ingested and grown before concluding that the six mature plants and 18 immature plants allowed per patient are too much. Indoor operations produce only a few ounces per plant, while outdoor grow sites can develop several pounds of marijuana from a single plant. Outdoor cannabis sites are subject to thievery, bug infestations and mold that can kill a crop, she said.

A marijuana cardholder herself, Barniskis said some patients get better relief from ailments by taking tinctures or eating marijuana, rather than smoking it. But eating marijuana requires more plant material to get the full medicinal benefit, she said.

Barniskis ingests about an ounce of marijuana a week to treat neuropathy, which has caused extreme pain, swelling and bruising in her feet. A former 9-1-1 dispatcher in Alaska, Barniskis said she's tried traditional pain medications to no avail.

Ingesting marijuana is more preferable for Barniskis than smoking because it doesn't produce the buzzy head high.

Patients often try different strains of marijuana to treat different ailments. Barniskis likened choosing the right strain of marijuana to finding the right medication for a headache. And discovering the most effective dosage is like adjusting to high-blood-pressure medication, she said.

Getting a medical marijuana card isn't always a certainty, Barniskis said. SO NORML asks potential patients to look over the list of approved health problems that can be treated with medical marijuana. If they don't have a malady that fits, they are told they won't qualify.

"You can't get a casual pot card in Oregon," she said.

If a potential patient does appear to qualify, he is told to go back to his regular doctor. If the regular doctor won't sign the recommendation for the card, there are up to 24 local doctors who will review medical history before signing the form for a fee. One Medford clinic charges $175 for a consultation.

Rita Sullivan, director of the treatment recovery program OnTrack Inc., said the biggest problem she has with Oregon's medical marijuana laws is monitoring.

The marijuana laws also make the drug more available locally, she said.

Sullivan said prescription drugs have been a problem for those with addictive behavior, but recent Oregon laws now mean these medications are more closely monitored.

She said marijuana appears to be effective in certain medical situations. The list of medical problems that can be treated with marijuana seems acceptable, but "severe pain" is the most common complaint and can be the most subjective, she said.

In some instances, OnTrack clients have tried to use medical marijuana after getting a state-issued card.

Sullivan said that in general her organization doesn't allow it because these clients have shown a propensity for using other drugs.

"We don't want to play Russian roulette with the people who do use drugs," she said.

On occasion, OnTrack has allowed clients who have advanced AIDS to use marijuana if they are very ill, but it is a very uncomfortable decision for her organization. "It puts these people in a tough spot," she said.

Mark Huddleston, Jackson County district attorney, said he hasn't received any criminal cases so far involving clinics or businesses related to medical marijuana in this county.

He believes most people involved in Oregon's marijuana program are following the law, though he thinks the way it is written invites abuse and doesn't have enough monitoring.

"Enforcement is difficult under the medical marijuana act," he said.

Reach reporter Damian Mann at 541-776-4476, or e-mail dmann@mailtribune.com.

Wednesday

Jan. 20, 2010 - Stink grows over pot control


Lori Duckworth, executive director of Southern Oregon NORML, shows a nursery of cloned marijuana plants being nurtured for patients in Medford. NORML, or the National Organization for the Reform of Marijuana Laws, opposes Jackson County commissioners’ concept legislation that would limit the amount of marijuana grown and possessed for medicinal use. --Bob Pennell

By Damian Mann
Mail Tribune

Jackson County commissioners Tuesday decided to prod legislators for a solution to neighbor complaints about legal marijuana gardens rather than pursue local controls.

Commissioners said it would be too complicated to enact a local ordinance to deal with odors, traffic, lights and other issues that have been reported over pot gardens in rural areas.

"Quite frankly, smell would be difficult to regulate," said Kelly Madding, director of Development Services.

She said the legal gardens are considered a not-for-profit agricultural crop, so they don't fall under the same constraints as a business.

Madding said a local ordinance, which likely would be challenged in the courts, would require a significant increase in the cost of code enforcement.

Commissioner Jack Walker said the current law is difficult to enforce because of the way it's written.

"No way in the world can you regulate it," he said.

The county drafted a concept law and sent it to legislators asking for more regulation of medical marijuana grow sites, including alerting law enforcement about new gardens.

Legislators might not carry the bill forward for the county until they see how voters respond to several initiatives regarding medical marijuana that could be on the November ballot.

Mel Barniskis, information manager for Southern Oregon NORML, a cannabis resource and information center at 332 W. Sixth St., Medford, criticized the tenor of the county's proposed legislation.

"It seems to serve the purposes of law enforcement, but doesn't address the welfare of patients," she said. "It seems to put more hardships on patients."

Commissioners propose limiting the amount of marijuana on hand at any one time and restricting patients to possessing one ounce. Instead of six plants for a patient, commissioners propose allowing only two mature plants plus two seedlings.

"Allowing so much marijuana provides a clear opportunity for abuse," the concept legislation stated.

With 2,418 medical marijuana cardholders, Jackson County has the third highest number of patients using the drug behind Multnomah and Lane counties, according to the Oregon Medical Marijuana Program.

Under current law, a grower can have up to six mature plants and 18 starts and seedlings per patient for up to four patients.

Barniskis said the concept legislation shows a lack of understanding about the way medical marijuana is grown and used.

Barniskis said there is a big difference in the amount of marijuana that can be grown indoors versus outdoors. An indoor plant generally produces several ounces, while an outdoor plant can produce a couple of pounds, she said. Having additional plants helps ensure a grower won't experience a complete crop failure should bug infestations or mold occur.

Patients' needs for the medication vary wildly, she said. Some ingest the drug because they can't or don't like to smoke it, which requires more plant material to produce the medicinal effect, she said. Some patients require more than an ounce a week to deal with a particular health problem, Barniskis said.

Patients sometimes drive long distances to obtain their medication, so limiting them to just one ounce would also be a problem, she said.

Commissioners want to prohibit grow sites within 1,000 feet of a school. Barniskis said her organization encourages renters who want to grow medical marijuana to move to a different area. In other cases, where someone owns a house, she said NORML strongly advises the growers who are near schools to make sure the plants aren't visible and to take precautions to reduce the smell.

Commissioners acknowledged that initiatives in the works could change Oregon's marijuana laws.

In particular, Initiative 28 proposes creating a regulatory process through the Oregon Department of Human Services to keep better track of growing operations.

John Sajo, executive director of Voter Power, an organization backing Initiative 28, said if voters enact the initiative, it would create more regulatory authority and would resolve some of the problems such as large gardens.

He said the initiative would provide a role for county government to potentially enforce zoning restrictions on marijuana gardens.

Reach reporter Damian Mann at 776-4476, or e-mail dmann@mailtribune.com.

Saturday

Jan. 16, 2010 - SOHS plans Jacksonville exodus


Southern Oregon Historical Society board member April Sevick, left, and Executive Director Allison Weiss discuss the future of the organization and its plans to consolidate into downtown Medford's former J.C. Penney building. Bob Pennell / Mail Tribune photo

By Damian Mann
Mail Tribune

The financially strapped Southern Oregon Historical Society may pull out of Jacksonville and leave the care of historic landmarks to another organization so it can continue to safeguard Jackson County's history and the million artifacts in its collection.

SOHS has proposed to the county that it sell landmarks such as the U.S. Hotel and the Catholic Rectory and lease out other buildings, including the Jacksonville Museum that once was the county courthouse.

If the proposal is approved by the county, a percentage of the proceeds from the property sales could pay off the historical society's debt, and the lease of other buildings could help pay for a newly formed Jacksonville Historical Society.

SOHS closed down most of its operations last year to allow time for reorganization under a new executive director.

Terrie Martin, SOHS board president, said her organization had to make difficult choices to ensure its survival.

"We have to decide what's important," Martin said. "And what's important is our collection."

SOHS hopes to consolidate its operations in the History Center, a 27,000-square-foot building it owns at Sixth Street and Central Avenue in Medford, and concentrate its efforts on preserving and displaying artifacts and documents from its vast collection.

It would continue to own and run Hanley Farm in Central Point and would continue to lease a building in White City that contains about 1 million artifacts. The society also cares for hundreds of thousands of historical documents and photographs.

Executive Director Allison Weiss said there have been discussions about selling the U.S. Bank and the Catholic Rectory. The Beekman Bank also could be put up for sale, but Weiss said the historical society would like more involvement from the community before that idea is seriously considered.

The historical society leases Jacksonville buildings such as the history museum and children's museum from the county for $1 a year and would likely sub-lease them to a proposed Jacksonville historical society for the same cost, if approved by the county. The new historical society would take over the maintenance costs.

SOHS's money problems began when it lost all of its county support in 2007 as part of a lawsuit settlement. Lithia Motors, a tenant in the History Center, moved out in October, ending a lease that generated $150,000 annually and canceling its option to buy the building.

When Weiss took over leadership of SOHS last July, she was looking at an annual budget of $750,000. Now it is $360,000, with two full-time people and a handful of part-time workers.

In its heyday, the historical society received more than $2 million annually through a voter-approved levy and had about 50 employees.

Weiss said the historical society is on life support.

"We could be out of money any month," she said. "It is a very desperate situation."

If the county agrees to sell off properties and a new historical society takes over management of the other buildings, SOHS would save about $100,000 annually in maintenance and utility costs.

The historical society is hoping to receive a portion of the proceeds from the sale of the U.S. Hotel to help pay off a $600,000 loan.

If the historical society, which met with county officials Friday, gets the support of the county for its proposals, it plans to reopen its library to the public on May 4 using volunteers.

To cut costs in the future, Weiss said SOHS will foster partnerships with local organizations such as genealogical societies and share staff with smaller historical societies.

Hanley Farm is not sustainable at present, Weiss said. SOHS may rent out space for farmers, create a partnership with the local extension service and host a community garden for Central Point.

Weiss wants to lease out space in the History Center as well to help raise additional revenue.

She said she has heard all the stories and complaints about the bad blood between the county and the historical society, but her board of directors has decided that the only solution is to forget about those past grievances.

"What can we do?" she said. "It is history. I can't dwell on what we did in the past. We've got to move forward."

Taking care of six buildings in Jacksonville is just too much of a burden, she said.

"We have to get out of the property management business," she said.

Selling off historical buildings doesn't mean they would lose their character. Deed restrictions and their historical designation would help preserve their significance for Jacksonville, she said.

An area in the upstairs of the museum has been cleared out and could be used as a community meeting room if the county sells the U.S. Hotel, where the upstairs ballroom served as a meeting space.

All of SOHS's proposals hinge on county approval.

County Administrator Danny Jordan said he has been working with SOHS officials for several months. He said he is hopeful that a proposal will be forthcoming from SOHS that could be presented to the Board of Commissioners.

Both county and historical society officials say there are no prospective buyers for the U.S. Hotel or other properties, though there has been some interest expressed about the hotel over the years.

If a building were to be sold, it would have to go through a complicated process where the property is declared as surplus, then an auction would be held and if there were no serious offers, it would be put up for sale.

George Kramer, a historic preservation consultant in Ashland, sharply criticized what he sees as strong-arm tactics on the part of Jackson County against a very weakened historical society.

"I don't blame SOHS," he said. "They have a gun to their head and they are trying to save some money. SOHS is on death's door and looking for money any way they can get it."

Kramer said Commissioner Jack Walker forced the historical society to divert funds to repair the roof on the county courthouse, a move that started the friction between the county and SOHS.

"I think the county has played hardball because Jack Walker got so pissed off about 20 years ago," he said.

When voters approved Measure 50 in 1997, a levy that provided $2 million annually to the historical society was consolidated into the county's general fund. Kramer said the county doesn't divert a dime to the historical society.

"The county is the one that has put SOHS in that position, and the county is the one that has taken advantage of that," Kramer said. "SOHS is to the point where it is basically selling a kidney to survive."

What the county forgets is that through the work of the historical society and the city of Jacksonville, buildings such as the U.S. Hotel were preserved years ago and ended up being deeded to the county, he said.

"Don't tell me the county has any claim to anything," Kramer said. "I hold Jackson County entirely responsible for this situation."

Kramer said he is not necessarily opposed to selling a building like the U.S. Hotel, but he thinks the proceeds should go entirely to the historical society and not be shared with the county.

Walker said he didn't want to respond to any personal attacks from Kramer, but did say the historical society appears to be headed in the right direction.

"I am excited about some of the different ideas that are being explored," he said.

April Sevcik, SOHS board member, said the time for rehashing what happened in the past is over if the historical society hopes to move forward.

She said nonprofit organizations everywhere are facing difficult economic times and the historical society wants to work with everyone to find a solution.

"We have tried to create a working relationship with the county," she said. "What was, was, and what isn't, isn't."

Reach reporter Damian Mann at 776-4476, or e-mail dmann@mailtribune.com.



Any new group that tends landmarks will be pressed


By Damian Mann
Mail Tribune

A newly formed historical society faces an uphill battle to reopen Jacksonville's museum, the Beekman House and other historic buildings. The Jacksonville Historical Society is filing paperwork with the state and federal governments to create a nonprofit organization to run the Jacksonville Museum and other buildings run by the Southern Oregon Historical Society.

"We don't even have a dollar to our name yet," said Jacksonville resident and history buff Larry Smith. "We don't even have a bank account. This thing is still being formed."

Smith said the decision by SOHS to pull out of Jacksonville after 65 years caught him and other residents off guard as they scramble to create their own historical society.

"I was surprised the Southern Oregon Historical Society gave up so quickly in Jacksonville," he said. "They are burning their bridges. They are leaving so fast."

Discussions about selling the Beekman Bank also have caused bad feelings, he said. The bank contains a collection of Gold Rush artifacts that he said shouldn't be moved out of the building.

"You would lose the historical context if you move everything out," he said.

Smith said he could see selling off the U.S. Hotel.

If the new historical society takes over the museum, Smith said it will inherit a lot of deferred maintenance, with costs estimated in the tens of thousands of dollars.

He said there is no elevator to the second floor, which would make the room upstairs unavailable to the handicapped.

There is no bathroom in the building or running water, which would make it difficult to lease out space, he said.

Although SOHS would share artifacts with the new historical society, Smith said there has been talk of a fee, which would be difficult for his struggling organization.

He said the Beekman House could be tied into the Britt Festival grounds, offering a venue for weddings and musical events in a space in the back of the building. The Children's Museum would remain as is, and the building, a former jail, is in pretty good shape, Smith said.

Brooke and Mel Ashland, who were involved in restoring the historic three-story Jacksonville School, are also part of the new historical society, Smith said.

Since the events have unfolded so quickly, Smith said his organization has had only a few weeks to begin grappling with the enormity of the task ahead of it.

"There are no easy answers, and we don't know if we would even be successful at this point," he said.

Reach reporter Damian Mann at 776-4476, or e-mail dmann@mailtribune.com.