Articles Tagged with Medical marijuana

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Legislators don’t draft statutes, which should be a surprise to no one. (Have you ever tried to read your state or federal statutes?! Just as bad, try reading the Oregon Constitution in order to find an answer to a simple question.)

Drafting statutes is an art and a craft and we should be thankful that our state and federal legislators don’t do the actual drafting, although, it would be nice if they made sure the final statutes themselves made sense, not just listened to and voted on what was “intended.” But we are all human, or most of us are in any event, and there is a limit to how much we can fit into 24 hours.

Anyway, legislative staff members, lobbyists, and sometimes ordinary citizens draft or participate in the drafting of statutes, and it sometimes starts with op ed pieces proposing new legislation, like this:

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Sansone v. Gordon and releated cases:
“Who better than the nation’s highest court to decide if medical marijuana users have a right to concealed handgun licenses?
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“… Today, the Oregon Supreme Court held that sheriffs must issue concealed handgun licenses to applicants who meet the statutory requirements for such issuance, regardless of the applicants’ use of medical marijuana. In doing so, the Court rejected arguments raised by sheriffs from two different counties that, to the extent that Oregon’s concealed handgun licensing statute does not concern itself with an applicant’s use of marijuana, it is preempted by a federal statute that prohibits possession of a firearm by any unlawful user of a controlled substance….”  [Link to OJD Media Releases.]
Link to full (consolidated) case:  WILLIS v. WINTERS (CC 07-2755-Z7; CA A139875; SC S058645), SANSONE v. GORDON, STEVEN SCHWERDT v. GORDON, LEE WALLICK v. GORDON, (CC C073809CV, C0073810CV, C073811CV; CA A139802; SC S058642)  [Link to full Oregon Supreme Court case.]
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The Oregon Court of Appeals, June 16, 2010, case Willis V. Winters (A139875) about controlled substances and guns:

“Wollheim, P. J.

Respondent, the Jackson County Sheriff, appeals a judgment of the circuit court that ordered him to renew a concealed handgun license issued to petitioner, a medical marijuana user. The sheriff concedes that petitioner met the requirements for issuance of a concealed handgun license set forth in ORS 166.291. He nevertheless asserts that Oregon’s concealed handgun licensing statutes are preempted by federal law in this instance, because “an unlawful user * * * of any controlled substance” cannot lawfully possess a firearm under 18 USC section 922(g) of the federal Gun Control Act.(1) The circuit court rejected the sheriff’s preemption argument and ordered him to issue a renewal of petitioner’s concealed handgun license. We agree with the circuit court’s conclusion that federal law does not preempt this state’s concealed handgun licensing statutes, and we therefore affirm…. “ Link to Media Releases or full-text)

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The Media Release says “Cases decided April 15, 2010.” The case itself says “Filed April 14, 2010.” Both are referring to this case:

Emerald Steel Fabricators, Inc., v. Bureau of Labor and Industries, (BOLI 3004) (CA A130422) (SC S056265)

From the April 15, 2010, Media Release:

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A recent bill in the Oregon Legislature, 2009 HB 3274 (HTML or PDF), and a question from a patron, started me thinking about what my research strategy might look like if I had to draft legislation on this subject or if I had to argue for or against taxing marijuana sales (medical marijuana or other uses, if any).

(There was also this recent New York Times story: Struggling States Look to Unorthodox Taxes, by Jesse McKinley, February 28, 2009.)

And, I attended an interesting program recently on evidence-based research (origins in evidence-based medicine), which gave me even more ideas on sources one would need to consult to write the definitive guide to marijuana research, or even just marijuana taxation.

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Re: Sansone v. Gordon, Washington County (Oregon) Circuit Court Case No. C073809CV

“County to appeal decision allowing medical pot users to carry concealed weapons,” Friday, May 30, 2008, by Kurt Eckert:

“Next week, Washington County commissioners will consider filing an appeal to lift the haze over defining the right of Oregon medical marijuana users to possess concealed weapons.

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