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Oregon Supreme Court Protects Medical Cannabis Patient’s Second Amendment Rights

Published on May 21, 2011 by   ·   No Comments

NORML.org

Great news today from Oregon’s Supreme Court (as compared to SCOTUS!) regarding personal responsibility and liberty in ruling for a medical cannabis patient who was denied their full Second Amendment rights simply because they use cannabis.

The case was largely championed by NORML Legal Committee member and Amicus chair Leland Berger of Portland and from legal counsel from the National Rifle Association.

Mr. Berger’s remarks are found below announcing the case today on NORML’s network. The decision can be read here.

“To conclude: the sheriffs in this case are not excused from their duty under ORS 166.291(1) to issue CHLs to qualified applicants, without regard to the applicant’s use of medical marijuana, on the ground that issuance of CHLs to medical marijuana users would violate a federal prohibition on making false statements about the lawfulness of transferring firearms to such persons. Neither are the sheriffs excused from that statutory duty on the ground that it is preempted by federal law. The sheriffs were without authority to deny petitioner’s CHL applications.”

To Read Entire Article CLICK HERE

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