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Oregon Appeals Court Ruling on CHL & Medical Marijuana Use

Discussion in 'Legal & Political Archive' started by ZachS, Jun 16, 2010.

  1. ZachS

    ZachS Eugene/PDX Active Member

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    Hot off the presses:

    In English, the court ruled that county sheriffs can't refuse to issue a CHL just because an applicant has a medical marijuana card and uses it.
     
  2. Ben Beckerich

    Ben Beckerich NW Oregon Bronze Supporter Bronze Supporter

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    awesome. i'm no marihuana user, nor do i condone it's usage, but it's your (ambiguous) prerogative if you want to.
     
  3. Trlsmn

    Trlsmn In Utero (Portland) Well-Known Member

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    Far out maaaan!

    upsmokecheechchong_l.jpg
     
  4. Dyjital

    Dyjital Albany, Ore Flavorite Member Bronze Supporter

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    Grooovy...

    Still makes one wonder.. the form.. since it's federal
     
  5. willseeker

    willseeker N. Portland. Well-Known Member

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    Pass the bong!:drugs:








    Will:paranoid:
     
  6. Gunner3456

    Gunner3456 Salem Well-Known Member

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    I hate that crap. I tried it once decades ago and all I got was one puff and then I choked and coughed the rest of the day.

    Oh, was I supposed to puff on the weed and not the gun powder? :D

    No, seriously, I hate that crap.
     
  7. ZachS

    ZachS Eugene/PDX Active Member

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    That makes sense.... I've always thought of you as more of an LSD guy... :D
     
  8. Gunner3456

    Gunner3456 Salem Well-Known Member

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    That's both of us.

    I have a Limited Slip Differential in my pickup.

    You are officially in the Law Student Division of the ABA. :)

    That was what you meant, right? :D
     
  9. ZachS

    ZachS Eugene/PDX Active Member

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    Um, yeah.... :paranoid:
     
  10. Jamie6.5

    Jamie6.5 Western OR Well-Known Member

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    Great. The court endorses "impaired carry." :huh:
     
  11. ZachS

    ZachS Eugene/PDX Active Member

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    Show me in the opinion where the court endorsed anything of the sort. Even if they did, it's already legal in for medical marijuana card holders to possess and use firearms while they're stoned. Stupid, but legal.

    The court did not endorse any such behavior, just stated that there is no law against it. It correctly ruled that a county sheriff is unable to deny a citizen a legal right because of his own personal biases. If you don't like it, call your state rep. This decision could easily be overruled by a new CHL statute.
     
  12. Martini_Up

    Martini_Up NW USA Well-Known Member

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    No, it endorses that a fundamental right isn't forfeited because you have a state government issued card granting you another right.
     
  13. theorren

    theorren Medford Member

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  14. Gunner3456

    Gunner3456 Salem Well-Known Member

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    That says that the original decision was by judge Mark Schiveley. He's the best judge we have because he's the most likely to follow the law instead of inserting his prejudices and writing new law.

    It's OK to have a CHL and be able to buy alcohol. It's OK to have a CHL and be able to legally buy pot. What's the difference?

    No where do I see where he endorsed drunken or stoned concealed carry or gun use. He simply ruled that one right doesn't cancel another right.

    I think he was right and I think the upholding by the appellate court was right too. This is about strict interpretation of the law, not about a popularity contest or a public opinion poll.

    NOW go before him having done something illegal with your gun while drunk or stoned and see what happens. He'll throw the book at you.
     
  15. Generator

    Generator Bend Member

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    The difference is some people get angry and violent when drinking.

    Some people get angry while stoned - angry that they didn't buy enough Taco Bell earlier, and then they forget what Taco Bell is, and eat anything in the fridge and find out that C-Span is interesting when you are high.

    And no I don't smoke, I have, many years ago, but I think that its a lot more harmless than Alcohol....
     
  16. huntpotter

    huntpotter SW WA Negotiator Bronze Supporter

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    If they can issue a CHL to a guy who is blasted on 5 kinds of pain pills, legally prescribed, by his Dr., Then they should be able to issue a CHL to a legally prescribed pot user. You don't have to agree with the morals of drug use, to be fair with the laws. Sometimes herbal medicine is a valid treatment, and I wouldn't want to be excluded the right to protect myself, if I was one of these patients.
     
  17. absoluterik07

    absoluterik07 Salem, OR Member

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    I also agree that alcohol is more dangerous than marijuana but I don't believe that you should be handling while using either. Great thread ZachS this should get some good debate going!
     
  18. ZachS

    ZachS Eugene/PDX Active Member

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    Unfortunately, you missed the debate - but it definitely was a good one! :D
     
  19. Generator

    Generator Bend Member

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    Agreed,
    and ZachS, we have dragged this away from the original point. you were right.

    This opinion is spot on. My wife works for 4 doctors, and they hold back the narcs as much as possible. But prescription drugs are easy to get, legal and at 4:45 on Friday, until she leaves, the phone rings with legal "Junkies"

    And there are an Equal number of sick, terrified people who use pain management pills the way/# that they are prescribed, not by the handful.

    no one should handle a firearm while legally drunk, over the legal limit, stoned or on a ton of vicodin (ummm duh)... luckily it doesn't happen to often.
    I do tech work for TV news, I've heard about every minor gun incident in the last 3 years, and there really aren't enough to vilify guns in any way.
     
  20. MrNiceGuy

    MrNiceGuy between springfield and shelbyville Well-Known Member

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    *golf clap*