Insurers consider continuing to cover marijuana By Justin Pritchard The Associated Press UKIAH, Calif. — A growing num ber of medical marijuana users whose backyard pot plants were stolen by thieves or commandeered by police have succeeded in getting insurance companies to reimburse them for the loss. But just as medical marijuana mm. was beginning to gain acceptance as an insurable belonging, the Supreme Court’s recent ruling in an Oakland, Calif., case has cast doubt on the future of such payments. The dollar amounts aren’t huge — after all, the missing pot is sup posed to keep one person healthy, rather than be sold on the street, where high-grade marijuana is more Saturday, Aus 4, 7:00 pm - Cuthbert Amphitheater Oreson Festival of American Music 2001 - Concert #3 LOCO-LOCOMOTION Poncho Sanchez Latin Jazz Band - The Dick Hyman Bop Band Tickets: 682-5000 Safeway BankotAmerica. Info: 687-6526 - www.ofam.org ^ FOOD & DRUG expensive than gold. But it’s real money to a sickly policyholder. One insurer paid $12,375 to a man who lost three pounds of pot to an armed intruder. It’s not like anyone with a stash can file a claim. Insurers, which are state-regulated, don’t cover illegal property. But they generally agree that mar All Ways Travel ~! • From Eugene • Jacksonville - $198.00* Chicago - $278.00* Newark - $298.00* Tokyo - $548.00* *t;ix not included, restrictions may apply. Subject to change without notice Eurail Passes issued On-Site!! E-mail: awtfr'Iuv2travel.com 1200 High St.yJfeC 1338-4199^F<Jp [Student Travel Expertss'-— SPAGHETTI (St garlic bread $3!5 Every Tuesday PIZZA PETE’S 2506 Willakenzie 344-0998 Oasis Plaza 2673 Willamette 484-0996 27th and Willamette 012063 PLEASE ]OIN US FOR l /Wednesday at the l Umevy FEATURING ENTERTAINMENT AND LOCAL ARTISTS WEDNESDAY EVENINGS 5PM'UNTIL DARK. BEGINNING JUNE 2001 THROUGH LABOR DAY. BRIGGS HILL ORCHIDS ^ VINEYARDS CAFFE ORSINI CATERING 27012 BRIGGS HILL ROAD, EUGENE, OR 97405 • 541.345.1945 FAX 541.345.6174 • www.silvanridge.com ijuana becomes a homeowner’s bona fide personal property when the policyholder has permission to grow or possess it for medical rea sons. That’s possible in the eight states where medical marijuana laws are in conflict with federal drug laws — California, Alaska, Ari zona, Colorado, Hawaii, Maine, Oregon and Washington. Major insurance companies have made at least a dozen reimburse ments for medical marijuana, accord ing to a series of interviews by The Associated Press. Most of the claims for stolen plants or harvested mari juana have been filed in California. The claims have forced insurers to enter a legal gray area. “How do you determine its val ue? Who is going to be your expert?” asks Lisa Wannamaker, a spokes woman for Allstate, which has paid four such claims in California. “There’s no set process in place on how to deal with it. ” Any developing clarity disap peared in May, when the Supreme Court ruled that clubs dispensing medical marijuana according to state laws could not use a “medical necessity” defense against federal anti-drug laws. The court noted that Congress declared that marijuana has no medicinal value. However, the justices said they specifically did not rule on whether states can experiment with their own laws, or whether Americans have a right to marijuana as a pain remedy. None of the major insurance com panies questioned said they had re ceived new marijuana claims since the ruling in May. A spokesman says State Farm will deny future claims. The other insurers say they will give them renewed scrutiny. At least three other companies be sides Allstate have paid claims on stolen medical marijuana in Califor nia. They include the California State Automobile Association, Travelers Indemnity Co., and OneBeacon, which made the pay ments when it operated as CGU Cal ifornia Insurance. In September 1999, Robert DeAr kland of Fair Oaks became the first person known to be reimbursed for marijuana through household in surance. He received $6,500 from CGU California Insurance for 13 marijuana plants seized from his garage by sheriffs’ deputies. In less than two years, the Califor nia State Automobile Association has made “less than six” such pay ments, according to Joe Ponkovich, CSAA’s manager of claims adminis tration. One was to a Ukiah man who re ported that his backyard plants were chopped down in September 1999. The man, an Air Force veteran who has a doctor’s recommendation to smoke marijuana for anxiety-re lated problems, asked not to be identified to avoid drawing more at tention from thieves. CS AA sent an investigator to talk to local deputies, who confirmed he was registered to grow the plants and had filed a police report. The Ukiah Cannabis Club helped assess the plants’value. He made the claim at the sugges tion of a police officer and couldn’t believe it when he got a $2,500 check for his five plants. “You’ve got to go through the mo tions and the paperwork. And that’s what I did with the herb,” he said, pointing to the insurance docu ments that classified each seven foot stalk under language protecting policyholders against a loss of up to $500 for “trees, shrubs and other plants.” Broadcasters continued from page 1 mayer July 23 claiming the rule vio lates the freedom of the press. Two weeks ago, Sen. Rick Mets ger, D-Welches, a former Portland sportscaster, said he would seek legislative action if the University's final draft isn’t much different that the current proposal. Bill John stone, the CEO of the Oregon Broadcasters Association, has threatened to take the issue to court if changes aren’t made. On Friday, The Oregonian opined that, “the concept is so ill conceived in so many ways that you have to wonder whether Uni versity of Oregon officials go off on a retreat each year to dream up new ways to offend people and make themselves look foolish.” Moos said the University and the Athletic Department are listening to the concerns and that the policy was not set in stone when it was presented on July 11. “We want to make sure we are good listeners,” he said. “There will be no action which we feel abridges anyone’s First Amend ment rights.” Although broadcasters are threat ening to take action if the policy is n’t changed, ESPN Regional is not threatening similar action if the policy doesn’t go into effect as-is. Regional Manager Tim Roberts said he is confident the final draft will quell media concerns and protect his network’s contracted rights. He said the procedure to draft the proposal has been difficult because in March a judge ruled the Univer sity had to create a policy that ap plied to all members of the media, even though ESPN had a problem only with KVAL’s “Inside the PAC” program. “It was an issue of one station, one show,” Roberts said. 012138 School of hard drinks professional bartending instruction • hands on training behind an actual bar • job placement 8 internships available • board of education certified • Tasting of liqueurs, wines and a micro brewery tour 8 tasting • Let our alumni and interns serve you every Monday 8 Friday at Premium Pour, starting at 4pm 1010 Oak Street (downtown Eugene) www.premium-pour.com • <541)485-4695 Oregon Daily Emerald P.O. Box 3159, Eugene OR 97403 The Oregon Daily Emerald is published daily Monday through Friday during the school year and Tuesday and Thursday during the summer by the Oregon Daily Emerald Publishing Co. Inc., at the University of Oregon, Eugene, Oregon. 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