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Medical Marijuana Law Challenged
Friday 02-03-2012 10:20am ET

ROGUE RIVER, Ore. — When police knocked on Josh Brewer's door to check for marijuana, even one of the nation's most liberal medical marijuana laws was put to the test.

Officers were fine with the two pounds 10 ounces he and a cousin had grown, harvested, and processed. That was under the pound and a half each allowed by law. And they didn't care about the 12 plants – six each – growing in the backyard. Also legal.

But after they discovered the additional two pounds 11 ounces drying on coat hangers suspended from the ceiling in the living room, officers arrested Brewer, sparking a legal battle over what was enough – in the maximum sense – for medical use, and what crossed the line into the potential for illegal sales.

After all, even 1.5 pounds by one measure would equal 1,200 joints.

A motion to dismiss the case because the drying marijuana was not "usable" under Oregon law was turned down by a judge. Brewer served 60 days in jail and received three years of probation, putting him back on conventional pain pills for a wrist he said he injured in a construction accident.

But Brewer, 24, beat the rap and has already started a new pot garden after the state attorney general's office conceded last week that, based on a 2007 Oregon Court of Appeals ruling, the marijuana still drying on coat hangers did not qualify as ready for use.

"Without the hanging marijuana, there is no evidence that defendant possessed more than the lawful amount of `useable marijuana,'" said the state brief on Brewer's appeal.

Oregon law defines usable marijuana as the dried leaves and flowers in form appropriate for medical use. The law does not define how dry that is, but it is generally understood to mean dry enough to smoke.

The case illustrates that 16 years after California became the first state in the nation to make medical marijuana legal, the legal questions over what is legal and who goes to jail and who doesn't are far from clear. The 15 states that allow marijuana use for medical reasons each have their own widely-varying approaches.





Southwestern Oregon lies at the northern tip of what is known as the Emerald Triangle, for its prime marijuana-growing climate. The region also has the highest per capita concentrations of medical marijuana growers in the state. With so much pot allowed under Oregon law, law enforcement says it's difficult to make sure that none is sold illegally.

"It's turned into a Cheech and Chong movie. `Up In Smoke,' man," said Medford police Chief Tim George, whose officers arrested Brewer in 2009. "We are swimming in weed."

Oregon and Washington both allow users to possess 24 usable ounces, by far and away the most. California allows eight ounces, but unlike most states, only counts the buds, the most potent part of the plant. Most other states allow 2-3 ounces. Colorado allows 2 ounces, Maine 2.5 ounces, and Hawaii 3 ounces.

George said the way the law stands, medical marijuana growers can be growing – year-round indoors – disposing of, and replenishing their stock from their plants and a stockpile of drying branches.

"How dry is dry in order to make it count?" he said. "Right now you can have 1.5 pounds per day every day of the month. That is crazy."

Research done for the U.S. Drug Enforcement Agency found that marijuana plants can yield 1 to 5 pounds dry weight, with the prized buds making up 18 percent and leaves 16 percent. Using those figures, the six plants per patient allowed in Oregon could amount to 2-10 pounds of buds and leaves, far more than the 1.5 pounds allowed.

Marijuana clinic owner Paul Stanford said 1.5 pounds for the entire year would be enough for most people who smoke their medicine, but not for people who use it to bake cookies and the like.

Whatever the legal amount, vulnerability to arrest remains.

"As long as the police don't come into their homes, they don't have a problem," Stanford said. "If they have to interact with police for any reason, it can be a very big problem."

Brewer said he had a job building outdoor kitchens in 2006 when he cut a nerve in his wrist with a razor blade.  He got a medical marijuana card for pain the next year, and started growing his own medicinal pot, using a popular handbook.

In 2009, he and a cousin rented a house in Medford so their marijuana was not around Brewer's wife and three young children. They built a 14-foot fence around the backyard and planted 12 plants – six each.

Brewer said he learned to cut off branches and hang them on coat hangers on hooks in the ceiling to dry in order to stay compliant with the law.

"Say you go out and cut all six plants down and bring them in to hang," he said. "When all that's dry you're going to be over your limit. It's setting you up for an opportunity to get busted.

"But if you go out and are taking a branch here, a branch there, you get little bits at a time `til you have what you need. The excess medicine you've got you can donate to a clinic. You can burn it. There are multiple ways you can dispose of it."

Brewer said police from a regional drug task force knocked on the door one day and asked to look at his operation. He let them in, and they said he was within the law.

But two days later at 1:30 a.m. he heard his dogs barking and got out of bed to find Medford police at the door. They seized the processed and drying marijuana, leaving the plants in the yard.

With reversal of the conviction, Brewer said he plans to sue Medford police and the city for $15 million.

"I hope these cops realize after this they can come and try and get me as much as they want, but the more they come, the more I'm going to fight," he said.

Pig Added To Decal On Police Cars By Vt. Inmate
Friday 02-03-2012 10:12am ET

MONTPELIER, Vt. — A prison inmate who makes stationery and license plates pulled a fast one on state police by adding the image of a pig to the state decal on their cruisers.

On the 16-inch car door decals, made by prisoners in Windsor, one of the spots on a cow in a scene with mountains and a pine tree has been changed to the shape of a pig, a derogatory term for police.

A Vermont state trooper discovered the pig while inspecting his vehicle on Wednesday. State police say they believe the decals have been added to about 30 cruisers in the past year.

About 60 altered decals were made over the last couple of years, said Andy Pallito, commissioner of the Department of Corrections, which is looking into who made the modification and when.

New decals will be made by Monday at a cost of $780. The expense will be covered by a surplus in the revolving fund that supports the offender work program, Pallito said.

State police Maj. Bill Sheets wasn't amused by the prank.

"While some may find humor in the decal modifications, the joke unfortunately comes at the expense of the taxpayers," he said Thursday.

Toothless Bank Robber Says She Did It For Dentures: Evelyn Marie Fuller Arrested
Friday 02-03-2012 10:09am ET

Some law enforcement officers take a bite out of crime, but a woman in Pennsylvania says she resorted to bank robbery just to chew her food more easily.

Evelyn Marie Fuller, 49, was arraigned Tuesday on two counts of robbery and other charges stemming from a Jan. 20 bank robbery according to the Observer-Reporter newspaper.

Her motive: She needed money for dentures, cops say.

"During her confession, she stated she wanted to use the money to pay for dentures she was unable to get through welfare until next year," Waynesburg Patrolman Tom Ankrom, her arresting officer, told the paper.

According to the police report, Fuller allegedly entered the First National Bank minutes before the bank was scheduled to close and handed a teller a note demanding for a specific amount of cash.

The note warned the teller not to call police and stated she had a gun. But she never actually flashed the gun, according to TheTimes-Tribune.com.

During the robbery, Fuller reportedly kept her head down and didn't talk, Chief Tim Hawfield said, according to CBSNews.com.

Super Bowl Bet Between NY and Massachusetts
Tuesday 01-31-2012 10:39am ET

Gov. Andrew Cuomo and Massachusetts Gov. Deval Patrick today announced their Super Bowl wager. If the Giants win, Patrick will send Governor Cuomo:

—46 Centerville Pies from “The Pie Ladies” in Centerville—Legal Sea Foods clam chowder—46 cases of Food Should Taste Good chips in Needham Heights

Cuomo would donate the proceeds to the Food Bank Association of NYS.

If the Patriots win, Cuomo will send Patrick:

—46 cases of one of the State’s newest and hottest exports- New York made Greek yogurt—46 dozen bagels from Ess-a-Bagel in Manhattan—46 cheesecakes from Junior’s in Brooklyn

Patrick will donate the proceeds to a Massachusetts food bank.

Cuomo continued to take shots at the Pats.

“We all know what happened the last time the Giants and Patriots squared off in the Super Bowl, and there is no reason to believe the outcome will be any different this year,” Cuomo said in a statement. “I look forward to congratulating the Giants on winning their fourth Super Bowl title and seeing Governor Patrick’s generous wager offerings go to a food bank here in New York State.”

Patrick retorted: “In the spirit of good sportsmanship, I wish the Giants well—but not that well!. We are looking forward to bringing another Super Bowl championship back to Massachusetts. Go Pats!”

Church treasurer steals thousands from congregation
Tuesday 01-31-2012 10:34am ET

SCHOHARIE, N.Y. -- It's a big theft at a small Church. Police said a woman stole more than a $100,000 from her own congregation.

Police said Emma Maxwell took about $143,000 from the Breakabeen-North Blenheim Presbyterian Church over the last four years. She'd been the churches treasurer since June 2007, making her the sole person responsible for the church's bank accounts.

Officers said the 54-year-old went on a shopping spree with the money.

"She was using the money to pay some medical bills, she went to some small trips helped pay for her wedding, some cars and stuff," said Deputy Dan Smith, Schoharie County Sheriff's Office.

Maxwell turned herself in to authorities and is charged with one count of second degree grand larceny. If convicted, she faces up to 15 years in jail.

Great Dane reunited with family
Tuesday 01-31-2012 10:32am ET

SCHENECTADY COUNTY -- A Great Dane is now back in the arms of its owners. The Diaz family, along with their friends, anxiously awaited the arrival of their dog Eeyore Monday night.

SPCA officers found Eeyore near the bike path behind Schenectady County Community College Friday. They said the Great Dane was tied to a tree on a leash so short, he couldn't even lie down.

Wilson Diaz of Rensselaer told officers he took the dog out to go to the bathroom and lost control of the leash and the dog took off. SPCA officers said Diaz has been interviewed and showed veterinarian bills and family photos, proving that the dog was his.

Diaz and his wife said they are happy Eeyore is back home where he belongs.

"Immediately they were asking where's Eeyore? Where's our dog? They've done some crying, and had been upset, they ask every day as soon as they come home from school, when's our dog coming back? They've been waiting ever since. they've been climbing the walls up there waiting for him to come," said Wilson Diaz.

"My kids are probably gonna use him as a jungle gym when we get up there. [They] play with him, they love playing with him and he eats it right up," said Renee Diaz.

How the dog ended up tied to a tree is still under investigation. The SPCA is reminding people to immediately report if your pet goes missing.

NJ camel predicts Giants will win the Super Bowl
Monday 01-30-2012 10:34am ET

LACEY TOWNSHIP, N.J.     (AP) -- People use all sorts of ways to try to predict the winner of the Super Bowl: comparing regular season records, judging who looked stronger in the post-season run-up to the big game, or watching the betting lines from Las Vegas oddsmakers.

But the closest thing to a sure thing may come from a camel in New Jersey.

Princess, the star of New Jersey's Popcorn Park Zoo, has correctly picked the winner of five of the last six Super Bowls. She went 14 and 6 predicting regular season and playoff games this year, and has a lifetime record of 88-51.

Her pick this year: The New York Giants.

The Bactrian camel's prognostication skills flow from her love of graham crackers. Zoo general manager John Bergmann places a cracker and writes the name of the competing teams on each hand. Whichever hand Princess nibbles from is her pick. On Wednesday, she made her pick with no hesitation at all, predicting bad news for Bill Belichick, Tom Brady and the New England Patriots, even though the Las Vegas oddsmakers have New England favored by about 3 points.

Her only miscue in the big game was picking the Indianapolis Colts over the New Orleans Saints two years ago, indicating that even camels know it's generally risky to go against Peyton Manning.

"It started out when a local radio station was looking to have some fun, so they asked Princess who was going to win a particular game each week, and it just took off from there," Bergmann said. "Now we have guys calling up on Sunday morning wanting to know who Princess has picked that week. One guy even asked if she does lottery numbers."

Her best season was 2008, when she got 17 out of 22 games right, including correctly picking the Pittsburgh Steelers to win the Super Bowl.

Princess doesn't do point spreads. But she has nearly mastered the art of picking straight-up winners.

The cunning camel was once the personal pet of heiress Doris Duke, the only child of tobacco and electric energy tycoon James Buchanan Duke.

Doris Duke raised Princess and her sister Babe from youngsters, Bergmann said.

The pair of camels had their own barn, and spent summers at Duke's Rhode Island estate. During bad weather, they were put up in the solarium.

After Duke's death in 1993, the camels stayed on her estate in Hillsborough. Babe died several years ago, leaving just Princess.

When Princess' caretaker was about to retire, the estate offered Princess to Popcorn Park Zoo, which took her in. The zoo cares for abandoned and abused animals.

Auto flushers stolen in Ohio
Monday 01-30-2012 10:33am ET

COLUMBUS, Ohio     (AP) -- A restroom rip-off in central Ohio has automatic flushers disappearing from the bathrooms at restaurants and other businesses.

Police say it's been happening in at least a couple Columbus suburbs. Investigators don't know if the thefts are related.

Handyman John Hahn tells WBNS-TV ( http://bit.ly/yGqJ3c ) the flushers are likely being stolen for scrap because they contain a metal called red brass that can bring $2.50 per pound.

He says safeguards are needed because the flushers can be costly to repair.