Aguila Blanca
20th May 2011, 16:52
A side note in today's daily bird cage liner tells us that the Oregon Supreme Court has ruled that the use of legally-prescribed medical marijuana cannot disqualify a citizen from the right to hold a concealed carry permit. According to the article, the court referenced Federal law prohibiting criminals and drug addicts from buying firearms, and ruled that the law does NOT "excuse" sheriffs from issuing concealed carry permits to people who use marijuana for medicinal purposes.
(Remember, Oregon is one of the few states that allows the medical use of marijuana.)
The name of the person involved in the case is Cynthia Willis, if you wish to Google more info. I think it's encouraging that the court took this view. After all, the question on the 4473 is (IIRC) "Are you a user of or addicted to illegal drugs?" If she has a prescription from her doctor and state law specifically allows for same, how could a sheriff possibly argue that her use is illegal? I suppose he could argue it under Federal law, but if she's buying marijuana that's grown in Oregon, it has never been involved in interstate commerce so it should not be covered by Federal law at all.
(NOTE: I wrote "should not" because there is a ruling by some Federal court, and I don't recall if it was at the district appeals level or at SCOTUS, that made the rather overreaching -- IMHO -- ruling that even locally-grown marijuana falls under the purview of Interstate commerce laws because by buying locally grown MJ the buyer "affects" interstate commerce by NOT requiring MJ to be imported from another state. I suspect my ancestors who were lawyers -- including a SCOTUS justice -- are spinning in their graves.)
(Remember, Oregon is one of the few states that allows the medical use of marijuana.)
The name of the person involved in the case is Cynthia Willis, if you wish to Google more info. I think it's encouraging that the court took this view. After all, the question on the 4473 is (IIRC) "Are you a user of or addicted to illegal drugs?" If she has a prescription from her doctor and state law specifically allows for same, how could a sheriff possibly argue that her use is illegal? I suppose he could argue it under Federal law, but if she's buying marijuana that's grown in Oregon, it has never been involved in interstate commerce so it should not be covered by Federal law at all.
(NOTE: I wrote "should not" because there is a ruling by some Federal court, and I don't recall if it was at the district appeals level or at SCOTUS, that made the rather overreaching -- IMHO -- ruling that even locally-grown marijuana falls under the purview of Interstate commerce laws because by buying locally grown MJ the buyer "affects" interstate commerce by NOT requiring MJ to be imported from another state. I suspect my ancestors who were lawyers -- including a SCOTUS justice -- are spinning in their graves.)