Portland police officers frequently come into possession of medical marijuana in a variety of

circumstances. Most typically, this marijuana has been taken from arrested persons who are

booked into jail and their property is placed in our Property Evidence Division for safekeeping.

When they are released from jail their property, including medical marijuana, is released if they

are able to produce a medical marijuana card issued by the State of Oregon and the quantities are

consistent with Oregon Law.

However, recently the Oregon Attorney General's Office issued an opinion that the Police

Bureau is in violation of the federal Controlled Substances Act by returning or "delivering" the

medical marijuana to its rightful owner.

We have consulted with the Portland City Attorney's Office who have reviewed this opinion and

are advising us to discontinue returning medical marijuana regardless of the reason the marijuana

was seized, even if the person possesses a medical marijuana card.  Therefore, effective March 20, 2012, the Property Evidence Division will no longer release medical marijuana for

any reason.