La Pine man challenges medical marijuana grow charges

A La Pine man who allegedly had an illegal medical marijuana grow was in court on Wednesday as his attorney attempted to have the charges thrown out, but didn’t succeed.

Blake Edward Pyfer, 27, faces two felony counts: unlawful possession of marijuana and unlawful manufacture of a marijuana item.

Attorney Michael Hughes, who represents Pyfer, filed a demurrer in April, challenging the charges.

Hughes cited Oregon law, ORS 475B.907, which says in Oregon, a person “engaged in or assisting in the medical use of marijuana is exempt from the criminal laws of this state for possession, delivery or manufacture of marijuana.”

Hughes made his case to Deschutes County Circuit Judge Michael Adler, asking him to drop the charges.

Back in February, sheriff’s deputies raided a home in the 15000 block of Liberty Road in La Pine as they were investigating the theft of a snowboard.

During the search, officers discovered 98 mature marijuana plants in one room of the home and 63 immature plants in a separate space on the property.

Hughes said his client was tending to the grow for a medical marijuana patient, who has cancer.

“I feel like it’s become a little bit of a political situation,” Hughes said. “I feel the sheriff has a political agenda, with regard to marijuana in this county. Ad this is the case they’re trying to hold out there as the example, and it’s really not the example. There are examples where the sheriff might be concerned about black market activity, but this is not the case.”

Hughes said deputies didn’t find any evidence to show Pyfer was selling marijuana to the black market.

After both sides presented their arguments, Adler did not dismiss the charges, saying there were no grounds for the demurrer.

Pyfer is scheduled to be back in court to enter his plea on May 31.