Friday, September 5, 2008

Marijuana help center will try to reopen

By Tim Christie
The Register-Guard

Published: September 5, 2008 12:00AM



The Compassion Center, a medical marijuana help group in Eugene, is trying to regroup and reopen after a power struggle on its board of directors that culminated when one board member removed patients' medical files from the office, sued to dissolve the organization and tried to start her own rival medical marijuana support group.

The center, founded in 2001, has been closed since July 22, leaving about 2,000 marijuana cardholders in the metro area without a place to turn for advice and support in dealing with Oregon's medical marijuana law.

"Due to circumstances beyond our control, we are closed until further notice," reads a hand-written note, taped to the door of the office at 2055 W. 12th Ave. "We are so sorry. The management."

As part of a settlement agreement approved by a Lane County Circuit Court judge, the two battling board members agreed to resign, and four new board members have been appointed and charged with appointing a fifth board member. The organization will pay the board members' attorney fees.

The center should reopen soon, said Casey Ferguson, a former board member who was just reappointed, but he could offer no timetable.

"We're restructuring and we are very hopeful the center will be open for business very shortly," said Ferguson, a medical student who recently moved from Eugene to Portland.

Once the fifth board member is appointed, then corporation officers need to be selected. Then the board needs to work with accountants to get finances in order and bring back staff so the center can reopen, he said.

Originally called the Eugene Cannabis Grow-Op, the Compassion Center. It offered classes, support and networking for people interested in obtaining a marijuana card from the Oregon Medical Marijuana Program, as well as people who already held one. It also hosted clinics with a doctor who would examine patients seeking a medical marijuana card. Volunteers offered tips on growing marijuana, finding a doctor willing to sign a medical marijuana application, and helped connect cardholders with people who could legally grow marijuana for them, known as "caregivers."

A state-issued medical marijuana card permits people to possess, consume and grow marijuana, provided it is for medical purposes. A doctor must attest that the patient has at least one of nine qualifying medical conditions, such as cancer, glaucoma, HIV/AIDS, nausea and severe pain. While 13 states have passed medical marijuana laws, the drug remains illegal under federal law.

Anthony Johnson, political director of Voter Power, a Portland medical marijuana advocacy group, said the closure of the Compassion Center "definitely puts patients in a bind and forces them to travel to Portland or other areas that do have support groups." He added: "It does create a void and a need for some kind of organization to help patients meet their needs."

The dispute in Eugene involved board members Brenda Alley and Mike Sage. In June, they were the only two members left on the center's board. State law requires non-profit groups to have at least three board members, and the group's own bylaws require five. If a group cannot maintain at least three board members, state law requires the group to cease operations and dissolve.

In June, Alley contacted the state Department of Justice and expressed concern that up to $300,000 of the center's funds were missing, according to an Aug. 5 letter from Elizabeth Grant, the attorney in charge of the DOJ's Charitable Activities Section, to attorneys for Sage and Alley.

However, an earlier audit of the Compassion Center, and a review of five years of financial reports, indicated the group did not have much in the way of charitable assets except those necessary for its routine operation, Grant wrote. For instance, in 2007, the group reported it had $25,247 in cash, income of $161,037 and expenses of $147,968.

"We do not understand the factual basis for Ms. Alley's assertions that $300,000 in charitable assets is missing or unaccounted for," Grant wrote.

According to court documents filed by Sage, Alley entered the offices of the Compassion Center sometime from July 18-21 and removed patient medical files, forcing the clinic to close.

Ferguson said the records have been recovered.

"It appears right now all documentation has been recovered," Ferguson said. "It is all secure."

In an interview, Alley, a Eugene resident, confirmed said she removed the files from the office. She did so, she said, on instructions from her attorney and the state Department of Justice.

She said she secured the files only "for a short period of time," and that the other board member had access to the records.

Alley said she volunteered at the center for seven years.

"I was trying to keep the organization as straight and honest and as pristinely clean as possible," she said.

On Aug. 18, Alley filed papers with the Secretary of State's office to establish a new non-profit corporation called Green Cross of Oregon.

Some medical marijuana support organizations in other regions have used the name "Green Cross."

Alley declined to discuss why she incorporated a new organization.

Sage, in an interview, said Alley tried to engineer "a hostile takeover" of the organization.

"She was trying to take over the center, and do things her way, and trying to fire the crew" of volunteer staff members who ran the clinic, he said. "I wouldn't let her."

A complaint was filed with the Eugene Police Department in connection with the removal of the medical records.

A police spokeswoman referred inquiries to the Lane County District Attorney's office. Chief Deputy District Attorney Alex Gardner said it's unlikely charges will be filed in the case unless further evidence comes to light that indicates unlawful intent by Alley.

Ferguson said the removal of medical files from the Compassion Center office represents a serious breach of trust, and board members and staff will need to work hard to regain the trust of patients.

"The organization is strong enough to survive and we'll be able to get the doors open again soon," he said. "Our patients are our No. 1 concern."

Jaqui Lomont:, general manager of the Compassion Center for four years until resigning in May, said there were rumblings of trouble on the board when she left the organization.

The turmoil is "heartbreaking," she said, "because we know there's a lot of patients who need our services."

Copyright © 2008 — The Register-Guard, Eugene, Oregon, USA

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