Posted in Felonies on September 25, 2012
The Oregonian recently reviewed cases of people registered by the state to be medical marijuana growers, patients or caregivers who were later accused of selling marijuana. It was discovered that these people included some with histories of violence, property crimes and drug offenses too old to disqualify them.
The state program only excludes people in a few circumstances, allowing felons to participate unless they were convicted of a serious drug felony in Oregon since 2006. In this instance they are banned from growing marijuana for five years; if they have had more than one drug-related conviction since 2006 they are under a lifetime ban.
There are other rules for becoming patients or caregivers; for example, those who have been convicted of a serious drug felony such as Class A or B felonies for delivery or manufacturing since 2006 can become patients or caregivers, but they are restricted to possessing only an ounce of marijuana, not the 24 ounces those without a criminal record can possess. Drug felons were not under restriction for medical marijuana before 2006.
Among those with felony records later convicted of selling marijuana was Teri C. Robins, 58, had been convicted for theft, escape and robbery when she was approved as a grower. She was registered as a grower for four people and a caregiver for two. She sold marijuana to an undercover informant three times in 2010. Kress Matijacic, 40, a medical marijuana cardholder, held convictions for theft, drug possession and attempted robbery. Police eventually found that he was growing 100 more plants than he was allowed, and also found heroin, cocaine and $16,000 in cash. Pedro Torres, 32, had been arrested many times and had four felony convictions. He was a caregiver whose home was searched in a drug investigation where 81 plants were found. He admitted to selling a half-pound for $1,200. Sean Wakefield, 41, was a cardholder who had been arrested 33 times and had 16 convictions. He was investigated for illegal drug activity in his home, where police found drug notes on his phone with details of sales.
Source: Oregon Live, “Medical marijuana growers with criminal records are being licensed,” Noelle Crombie, September 22, 2012.