State v. Ehrensing

The Douglas County Sheriff appeals two orders directing him to return a portion of usable, packaged marijuana—which had been seized from defendant’s property pursuant to a search warrant—to defendant, defendant’s wife, and three individuals, all of whom hold registry identification cards pursuant to the Oregon Medical Marijuana Act (OMMA). ORS 475.300 - 475.346. Defendant cross-appeals, assigning error to the court’s denial of his motion for attorney fees predicated on ORS 20.105. For reasons amplified below, we conclude with respect to the appeal that (1) under the circumstances of this…