• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Oregon 'high' coiurt...the truth about medical marijuana ruling

D

Dave Workman

Regular Member
Joined
May 23, 2007
Messages
1,874
Location
, ,
Oregon ‘high’ court: Medical pot users can have CCW permits

The Oregon Supreme Court today ruled unanimously that people who use medical marijuana cannot be denied concealed weapons permits, noting that there is nothing in the 1968 federal gun control act that specifically preempts a state’s concealed carry licensing statute.
HOWEVER....



http://www.examiner.com/gun-rights-...-court-medical-pot-users-can-have-ccw-permits
 
A

aadvark

Regular Member
Joined
Aug 25, 2009
Messages
1,597
Location
, ,
Dave Workman:

The Federal Gun Control Act states that One must be EITHER an Unlawful User of, OR Addicted to, a Controlled Substance.

A Medical Marijuana Patient, who is NOT Addicted to Marijuana, should NOT be Deemed to be an Unlawful User of such Substance, as such Federal Act Predates States Deregulation of Marijuana, Especially in The Field of Marijuana Regulation.

A Medical Marijuana Patient is NOT Using a Controlled Substance Unlawfully, at least at a State Level, and, therefore; such Restriciton should ONLY Apply if Federal Arrest Charges were brought by The Federal Drug Enforcement Administration, and ONLY then, if, such Charges were Upheld in The Federal Court Sytem, provided; that The Government can Prove, as an Element, that The Marijuana in Question has Moved in or otherwise Affected Interstate or Foreign Commerce.

Furthermore, The Firearm in Question would HAVE to be a Firearm that has '...Moved in or otherwise Affected Interstate or Foreign Commerce...'.

Firearms that are those of Intrastate Commerce, being those Firearms that are made in and stay in a Certain State, and do NOT Leave that State, would be Exempt under The Ninth Amendment and The Tenth Amendment of The United States Constitution.

The United States did make an Announcement that it would NOT Enforce Federal Marijuana Laws as against Persons who were otherwise in Compliance with State Marijuana Laws, but has since Acted Contrary to This Claim, and This Anouncement is further Rumored to be Untrue and Misleading.

Documentation is Veiwable here: http://www.aclu.org/drug-law-reform...ot-prosecute-people-complying-state-medical-m

aadvark
 
Last edited:
P

Phlip74

Regular Member
Joined
Jun 1, 2009
Messages
39
Location
McMinnville, Oregon, USA
aadvark said:
Dave Workman:

The Federal Gun Control Act states that One must be EITHER an Unlawful User of, OR Addicted to, a Controlled Substance.

A Medical Marijuana Patient, who is NOT Addicted to Marijuana, should NOT be Deemed to be an Unlawful User of such Substance, as such Federal Act Predates States Deregulation of Marijuana, Especially in The Field of Marijuana Regulation.

A Medical Marijuana Patient is NOT Using a Controlled Substance Unlawfully, at least at a State Level, and, therefore; such Restriciton should ONLY Apply if Federal Arrest Charges were brought by The Federal Drug Enforcement Administration, and ONLY then, if, such Charges were Upheld in The Federal Court Sytem, provided; that The Government can Prove, as an Element, that The Marijuana in Question has Moved in or otherwise Affected Interstate or Foreign Commerce.

Furthermore, The Firearm in Question would HAVE to be a Firearm that has '...Moved in or otherwise Affected Interstate or Foreign Commerce...'.

Firearms that are those of Intrastate Commerce, being those Firearms that are made in and stay in a Certain State, and do NOT Leave that State, would be Exempt under The Ninth Amendment and The Tenth Amendment of The United States Constitution.

The United States did make an Announcement that it would NOT Enforce Federal Marijuana Laws as against Persons who were otherwise in Compliance with State Marijuana Laws, but has since Acted Contrary to This Claim, and This Anouncement is further Rumored to be Untrue and Misleading.

Documentation is Veiwable here: http://www.aclu.org/drug-law-reform...ot-prosecute-people-complying-state-medical-m

aadvark
Click to expand...

Marijuana is not legal at the state level. Just the use of it with a license. Just because you have a medical marijuana license does not make the marijuana its self leagal just the use of the marijuana legal. I think that a lot of people think that getting the license makes the drug legal, it does not. You are not getting a prescription for the marijuana from a DR. So when asked question e. on the 4473 you are still using an illegal drug and would have to say yes.
 
hermannr

hermannr

Regular Member
Joined
Mar 24, 2011
Messages
2,327
Location
Okanogan Highland
The Feds have no control over any State Legislature right to deam what is ok, and not ok within their state.

I would very much like to try on my wife MM for her problem, but her Dr. says the law is "too unclear" and will not do it even though he does admit that MM would probably be better than some of the "regulated" drugs he has tried already. Other Dr's do prescribe MM within this state, and the FEDs can do nothing about that. That has already been through the courts way back in the 90's.

If you grow MJ in your back yard, for your own medical purposes within the laws of teh state you live in, The FEDs should not touch you. Same as owning a firearm for your own protection within the laws of your state.

That the DEA has control of MM and not the FDA is just crazy. The DEA has a vested interest in keeping MJ illegal (they will loose power and funding if MJ was legal) MM is a health issue, not a criminal issue.
 
A

aadvark

Regular Member
Joined
Aug 25, 2009
Messages
1,597
Location
, ,
hermannr:

I Concur with Your Analysis, and I Wish Your Wife Wellness in Trying to Cure Her Illness.

aadvark
 
You must log in or register to reply here.
Top