Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
The Oregon Court of Appeals has upheld a marijuana conviction against a California man who argued his California doctor had authorized medical use.
Joel Berringer was stopped for speeding in the Portland metro area in November 2006 while taking a friend from Nevada County, Calif., to Fort Lewis in Washington state.
A Clackamas County sheriff's deputy who smelled marijuana arrested Berringer despite a letter he produced from his California doctor recommending medical marijuana for asthma and other health problems.
Berringer eventually pleaded guilty to marijuana possession but reserved his right to appeal, arguing that California law authorized him to possess up to two pounds of marijuana.
He also argued that failure to honor the letter and his status as a medical marijuana patient interfered with his constitutional right to travel.
In an opinion by Judge David Schuman, the Court of Appeals rejected those arguments, ruling that Oregon does not enforce California medical marijuana laws.
The court said only Oregon law applies, and both residents and nonresidents must apply for an Oregon medical marijuana card to allow possession and use.
The requirement for an Oregon card does not infringe on the right to travel "even if Oregon law made access to medical marijuana more difficult for nonresidents," the court said.
The opinion also said the sheriff's deputy had the authority to investigate any violation of Oregon marijuana laws that "did not end when he saw defendant's California physician's recommendation."
The court noted that Berringer had slightly more than two pounds of marijuana when he was arrested, which was over the California limit.
In court documents filed with his appeal, his attorney said Berringer "packed in a hurry and did not realize he had more than two pounds at the time he was stopped in Oregon."
NewsHawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: sfgate.com
Author: WILLIAM McCALL
Copyright: 2010 Hearst Communications Inc.
Contact: Contact Us — SFGate, news and information for the San Francisco Bay Area.
Website: Court: Calif. medical marijuana not legal in Ore.
• Thanks to MedicalNeed for submitting this article
Joel Berringer was stopped for speeding in the Portland metro area in November 2006 while taking a friend from Nevada County, Calif., to Fort Lewis in Washington state.
A Clackamas County sheriff's deputy who smelled marijuana arrested Berringer despite a letter he produced from his California doctor recommending medical marijuana for asthma and other health problems.
Berringer eventually pleaded guilty to marijuana possession but reserved his right to appeal, arguing that California law authorized him to possess up to two pounds of marijuana.
He also argued that failure to honor the letter and his status as a medical marijuana patient interfered with his constitutional right to travel.
In an opinion by Judge David Schuman, the Court of Appeals rejected those arguments, ruling that Oregon does not enforce California medical marijuana laws.
The court said only Oregon law applies, and both residents and nonresidents must apply for an Oregon medical marijuana card to allow possession and use.
The requirement for an Oregon card does not infringe on the right to travel "even if Oregon law made access to medical marijuana more difficult for nonresidents," the court said.
The opinion also said the sheriff's deputy had the authority to investigate any violation of Oregon marijuana laws that "did not end when he saw defendant's California physician's recommendation."
The court noted that Berringer had slightly more than two pounds of marijuana when he was arrested, which was over the California limit.
In court documents filed with his appeal, his attorney said Berringer "packed in a hurry and did not realize he had more than two pounds at the time he was stopped in Oregon."
NewsHawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: sfgate.com
Author: WILLIAM McCALL
Copyright: 2010 Hearst Communications Inc.
Contact: Contact Us — SFGate, news and information for the San Francisco Bay Area.
Website: Court: Calif. medical marijuana not legal in Ore.
• Thanks to MedicalNeed for submitting this article
