The Oregon Supreme Court has given medical marijuana patients A WIN in a recent decision that held that it’s a violation of a patient’s civil rights to deny them the right to carry a weapon. The basis of the lawsuit challenged civilian personal responsibility and liberty when the courts ruled in favor of a medical cannabis patient who was denied their full Second Amendment rights simply because they are a cannabis patient.
“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.”
Two big boy groups got together to bring home this win for the marijuana community. Congratulations to the NORML Legal Committee and Amicus chair Leland Berger of Portland and to the legal counsel from the National Rifle Association. The text of the unanimous decision can be read in it’s entirety here.
Now that you all know it’s perfectly legal to own a gun in Oregon you can be better prepared when the revolution comes. Better yet! You can toke in peace while you wait on it to get here. Enjoy that.
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