January 1, 2006 in City

Smoking pot seeds ruled legal in Oregon

Associated Press
 

PORTLAND – Smoking marijuana seeds is legal under Oregon law, the Oregon Court of Appeals ruled this week.

Pendleton resident Cameron Scott Beers, 27, was arrested in 2002 for driving under the influence and possession of less than 1 ounce of marijuana, an infraction.

In his defense, Beers’ lawyers argued that he should never have been convicted because he only had marijuana seeds on him.

State law only prohibits possession of leaves, stems and flowers.

The Court of Appeals considered whether legislators might have omitted seeds inadvertently.

But the court rejected that idea after noting that lawmakers had included seeds elsewhere in state law.

David T. McDonald, a Portland attorney who has handled a lot of marijuana cases, said the ruling appeared to clear the way for legal seed-smoking, at least under state law.

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