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Sheriff Winters taking medical marijuana/CHL to US Supreme Court.

Discussion in 'Legal & Political Archive' started by Gunner3456, Jul 28, 2011.

  1. Gunner3456

    Gunner3456 Salem Well-Known Member

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    Our tax dollars at work. So far he has lost in the Jackson County Circuit Court, lost in the Oregon Appeals Court, and lost in the Oregon Supreme Court.

    He hires a large law firm, at our expense, for these actions.

    "So far, Winters' case has cost the county $13,000 in outside legal fees plus the equivalent of $20,000 in hours spent by the county's internal legal team."

    I don't use pot myself, but why doesn't he also deny to anyone who has a beer occasionally?

    Link
     
  2. Trlsmn

    Trlsmn In Utero (Portland) Well-Known Member

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    Unfortunately Sheriff Winters has failed to understand that he enforces the law he doesn't make the law, a common problem with police officers. His opinion means nothing. I really don't care nor do I want a police officers opinion on laws, that isn't their business.
     
  3. raftman

    raftman Oregon Bronze Supporter Bronze Supporter

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    It's likely the article oversimplifies and misstates things, but if not, then the sheriff is truly a moron since he can't distinguish between legal and illegal use of controlled substances. Controlled substances are prescribed all the time for anything from pain to anxiety, all the way down to diarrhea and testosterone deficiency. This is why the Form 4473 asks if you are an unlawful user of controlled substances, so that the guy recovering from knee surgery with a legitimate prescription for Vicodin isn't barred from owning a firearm. Not that I agree with the idea of a Form 4473, but it goes to show that law doesn't automatically bar any user of a controlled substance from their firearms

    It gets tricky when you deal specifically with marijuana though. Marijuana according to federal law is a CI controlled substance, this means federal law doesn't recognize it has having any medicinal use, and also considers it highly dangerous and having a high potential for abuse, so much so that its use and possession is illegal under all circumstances, at least for private individuals. So as far as federal law is concerned, all marijuana use is illegal marijuana use. The state of Oregon, on the other hand, seems to recognize a medical use for marijuana (though it's far from being a mainstream option). It's really a a fight between a sheriff who seems to think the federal government reigns supreme in these matters against a state that seems to disagree.

    Will be interesting to see where, if anywhere, this will go.
     
  4. saxon

    saxon springfield Active Member

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    having worked in mills for years i trust dunks and perscription pill poppers more then pot heads
    almost every time some one got hurt or almost lost a body part it was the POT smoker
     
  5. ta2er

    ta2er Oregon Member

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    I find that interesting, seeing that is a known fact that alcohol affects motor function (ability to operate machinery) and judgement to a much, MUCH higher degree than marijuana. Not that anyone should be operating mill machinery under the influence of anything more than an extra strength tylenol, but there it is. Every ounce of research ever conducted has come to the conclusion that cannabis is virtually harmless when compared to alcohol, tobacco, and prescription drugs, all of which are legal, regulated, and kill millions of people a year. As far as I know, there has never been a single documented marijuana overdose. I know this is a whole seperate argument, and probably not very pertinent to a firearms forum, but had to throw in my two cents. I'm not a pot user either, but I've known many responsible smokers over the years ("responsible" is the key word here, as with anything) and would trust them with my life over an alcoholic or some drooling pill-popper any day.

    Fact is, Oregonians have voted that responsible, prescribed use of marijuana is not a crime. For this sheriff to be spending untold thousands of tax dollars that could be going to any number of more worthwhile projects is nothing short of outrageous. And for what, exactly? To prove a point? I think by the time 3 different judges have told you that your point is a moot one, it's time to drop it. Sounds more like some sort of personal issue between him and the woman in question. The whole thing is just stupid. And as pointed out above, it's not his job to make or interpret laws....only to enforce them.
     
  6. Father of four

    Father of four Portland, Oregon Well-Known Member

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    Another LEO bashing thread? Or someone posting/sharing what the they think we need to know?
     
  7. Father of four

    Father of four Portland, Oregon Well-Known Member

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    "It's none of the federal government's business how Oregon chooses to regulate its criminal law," he said.

    What a great statement!!!!
     
  8. U201494

    U201494 Well-Known Member

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    Sometimes LEOs need to be bashed and it looks justified here. If you know the history on this clown Winters then you know he thinks he is above reproach.
    And I like it when someone shares things like this, keeps me informed.
     
  9. Father of four

    Father of four Portland, Oregon Well-Known Member

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    I don't think bashing someone is needed but when people in authority do wrong it us our Constitutional Right to not be silent.

    If we the Citizens say nothing the people who work for us, who we pay to work for us with our taxes, could one day pass laws against us or with brute force to make us do what they want us to do without our consent. And that would be Unconstitutional.

    We as Citizens need to remember our place. The Constitution says the government works for us not the other way around.
     
  10. saxon

    saxon springfield Active Member

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    ummmmm if you don’t like it since he is voted into place why not petition to have him removed from office?
    instead of just complaining?
     
  11. iusmc2002

    iusmc2002 Colville, WA Active Member

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    So if the gov "works for us", why are Oregonians allowing this self-important sheriff to spend tax-payer monies on a suit that has been shot down THREE times? Sounds too me like its just another example of the gov doing whatever the **** they want to do, because THEY have the power
     
  12. Trlsmn

    Trlsmn In Utero (Portland) Well-Known Member

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    I'll take Hypocritical Redneck for $1000 Alex.
     
  13. osterr1999

    osterr1999 Silverton, OR Active Member

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    What this really boils down to is a state's rights issue. The Sheriff in this case is saying that he has to follow federal law and that state law does not override it. My guess is that he will lose if the Supreme Court does decide to take this us because medical marijuana has been challenged in the past and it was not successful We will have to see what happens. It is certainly interesting either way.
     
  14. Father of four

    Father of four Portland, Oregon Well-Known Member

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    If people like Gunner3456...(A Citizen) doesn't bring stuff like this up to us, how will we know? You cant read all the newspapers in every county in all the states.

    Not everyone in authority needs to be fired when they do something wrong...or even illegal. But are we Citizens to just look away and say nothing?
     
  15. Trlsmn

    Trlsmn In Utero (Portland) Well-Known Member

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    And there is the shame of the media. Just look at Gunnrunner, if that was Bush it would be on every news channel 24/7/365. (as well it should be)
     
  16. riverrat373

    riverrat373 Washington State Member

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    Huh? Alcohol and pills must make the body parts stronger! :laugh:
     
    bow503 and (deleted member) like this.
  17. Trlsmn

    Trlsmn In Utero (Portland) Well-Known Member

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    Science disagrees with you.
     
  18. One-Eyed Ross

    One-Eyed Ross Winlock, WA Well-Known Member

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    Well, what about the American's With Disabilities Act? Even if Federal Law doesn't recognize smoking marijuana, the State does. Since the Supremes have already ruled that medicine was a traditional role of state government in another Oregon case (Ashcroft, wasn't it, and assisted suicide), I see this not going well for the sheriff...but maybe that's just me.
     
  19. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    Isn't that the truth!!
     
  20. bow503

    bow503 where it rains most the time Active Member

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    +1