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BUST RAISES MEDICAL POT ISSUES

A McMinnville man registered to supply marijuana under the Oregon Medical Marijuana Program was arrested Wednesday by the Yamhill County Interagency Narcotics Team for allegedly selling to people not on the list of registered users.

In conjunction with the arrest, Capt.  Rob Edgell of the McMinnville police took a shot at the program as currently constituted, saying it's being widely abused in the eyes of law enforcement.

Edgell identified the suspect as Anthony Carl Narveson, 46, 2008 S.W.  Alexandria St.  Charged with five counts of delivery of a controlled substance, he was lodged in the Yamhill County Jail on $45,000 bail.

The drug team concluded a two-month investigation into Narveson's activities by taking him into custody in the Lowe's parking lot, where he was allegedly delivering three ounces of marijuana to an unregistered buyer.

Edgell said it wasn't clear how long the allegedly unauthorized dealing had been going on.  But he said a search conducted at Narveson's residence turned up almost five pounds of marijuana, along with seeds, growing equipment, scales and drug paraphernalia.

There are almost 8,000 registered suppliers and 16,000 registered users.  The law limits suppliers, termed "caregivers" in the enabling legislation, to possession of no more than 24 ounces at a time - a pound and a half.

"Law enforcement, in general, believes the program is being abused," Edgell said.  "People can obtain a medical marijuana card for different reasons.  One is severe pain.

"What's severe pain? Is it determined by the doctor, by the patient? What may be severe to you may not be severe to me."

Other qualifying conditions include agitation related to Alzheimer's, cachexia, cancer, glaucoma, HIV, AIDS, nausea, seizures and persistent muscle spasms.  And Edgell thinks that's too broad.

The nine-year-old Oregon Medical Marijuana Act protects medical marijuana users who comply with its requirements from criminal prosecution by state and local law enforcement agencies for production, possession or delivery of a controlled substance.  However, it does not preclude enforcement action by federal agencies, which are not bound by state law.

There are 292 registered users, or "patients," in Yamhill County.  A user may have more than one qualifying medical condition.

About 14,000 of the state's 15,927 cardholders list severe pain as one of their qualifying conditions, according to program data.

Edgell said the people charged with enforcing drug laws in Oregon think that's excessive.  "Law enforcement will be pushing the legislature in the next session to clean up the program," he said.