Pubdate: Wed, 11 Jul 2012 Source: Mail Tribune, The (Medford, OR) Copyright: 2012 The Mail Tribune Contact: http://www.mailtribune.com/ Details: http://www.mapinc.org/media/642 Note: Only prints LTEs from within it's circulation area, 200 word count limit ANOTHER FLAW IN THE LAW Medical Marijuana Act Does Not Allow a Nonprofit Outfit to Provide Baked Goods The Medford City Council's denial last week of a business license to MaryJane's Treats is just the latest example of a medical marijuana law that was not well thought out before it was offered to voters. On Thursday, the council upheld city staff's denial of a license to Richard Nuckols, owner of Canafoods Inc., doing business as MaryJane's Treats. It appears Nuckols had done everything he could to operate within Oregon's medical marijuana law, but the council had no choice but to deny his request because there was no way he could conduct his business legally under the law as written. Nuckols wanted to cook marijuana into baked goods, allowing patients to eat the drug instead of smoking it and making it easier to regulate dosages. The Oregon Medical Marijuana Act prohibits the sale of marijuana. "Caregivers" - the law's term for growers of medical marijuana - can distribute the drug to medical cardholders, but can recover only their costs. Nuckols proposed to get around the prohibition on selling by using the patients' own marijuana, which he would test and bake into his products, then sell the baked goods back to the patients, not charging them for their own active ingredient. He also intended to operate the business as a nonprofit. That didn't satisfy Medford Chief of Police Tim George, who told the council that the operation would violate both state and federal laws. Under the state law, medical marjuana cannot be "manufactured" anywhere but at a grow site. State law defines any packaging or processing of a drug as manufacturing, which would include baking. It's too bad Nuckols couldn't make a go of his idea, because it offers patients the opportunity to ingest medical marijuana without the health risks of inhaling smoke, which can be difficult for patients with lung disorders or breathing problems. The concept of baking a patient's own marijuana into edible form is little different from the common practice of meat processors butchering and wrapping deer and elk meat for hunters for a fee, or a fish cannery doing custom orders for sport anglers. There ought to be a way to allow Nuckols and others to perform a similar service for medical marijuana cardholders. But if state law must be changed first, that will require the Legislature to act. - --- MAP posted-by: Jay Bergstrom