Sheriff Appeals Decision That Med. Marijuana Patient Can Carry Handgun Permit

[Ganjarden]

Jackson County Sheriff Mike Winters is asking the Oregon Supreme Court to review whether medical marijuana cardholders can carry a concealed handgun permit.

Winter denied Cynthia Willis a gun permit in 2008 on the grounds that the permit violated federal laws that prohibit drug users from legally owning guns, citing the federal Gun Control Act of 1968 as the legal basis of his decision.

In June, the Oregon Court of Appeals ruled that Winters had no grounds to deny the permit. The court found that Willis complied with state law in her application, and rejected the sheriff's arguments.

Meanwhile, the Hemp and Cannabis Foundation says Title 21, Section 903 of the United States Code states that Oregon law trumps federal law, giving Willis the right to own a gun.

"He's wasting public resources. The Federal Controlled Substance Act says clearly that state laws take precedent to federal drug laws, and the appeals court has already ruled against him and hes just wasting public resources by taking this to the Oregon Supreme Court," said Paul Stanford with the Hemp and Cannabis Foundation.

Winters, who filed his appeal Wednesday, was not available for comment. Nor was NewsWatch 12 able to reach Willis, who owns and operates the Medical Marijuana Patient Services Smoke Shop on McAndrews Rd. in Medford.


NewsHawk: Ganjarden: 420 MAGAZINE
Source: KDRV
Author: Emily Wood
Copyright: 2010 KDRV

* Thanks to MedicalNeed for submitting this article

 

[michaelkaer]

I hope the higher court decides to not hear the case. it has been done before...

 

[ganjaballz]

That segment of the concealed weapons law does not apply to prescription drugs. In a medical mj state, mj is a Rx drug - just like any other.

The entire concealed weapons licensing and limitations scheme is a violation of our constitutional rights anyway - it sure would be nice for some of these courts to start ruling that way when cases like this are brought before them. (Instead of groups having to sue all the way to the supreme court in order to over turn the state and city bans on hand guns).

Everyone has a right to defend themselves, especially in a society where violent crime is rampant and out of control. The police are not tasked with your protection, they are there to show up after the fact to investigate and prosecute.

 

[michaelkaer]

That is why the cops want you to be helpless, especially if you are one of those evil pot smokers! Why should they risk getting shot at when they come to steal your weed?