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An Oregon woman had her gun permit revoked when they found out she had a prescription for medical marijuana

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sjfcontrol wrote:An Oregon woman had her gun permit revoked when they found out she had a prescription for medical marijuana.

It will be interesting to see how this turns out. I would think that since it's prescribed she will probably get her permit back.

yea but its still illegal under federal law. besides it asks you on the form when you buy a gun about it.

Interesting.

The state enacts legislation in conflict with federal law.
-AFAIK fed law still holds MJ as a controlled substance, and states that authorize it for medical use do so in conflict with fed law.

The sheriff enforces federal law that would appear to be in conflict with state law.
-Fed gun law restricts drug users (controlled substances) from obtaining firearms.

IMO, unless the state has specifically identified the prescription of MJ as a medical drug that would exclude individuals from legally obtaining a CHL, than the sheriff is going to lose.

Once again, the citizen is stuck in the middle of bureaucratic idiocy.

Texas Dan Mosby wrote:The sheriff enforces federal law that would appear to be in conflict with state law.
-Fed gun law restricts drug users (controlled substances) from obtaining firearms.

Can a Sheriff enforce a Federal law? Not a challenge but an actaul question....

steveincowtown wrote:

Texas Dan Mosby wrote:The sheriff enforces federal law that would appear to be in conflict with state law.
-Fed gun law restricts drug users (controlled substances) from obtaining firearms.

Can a Sheriff enforce a Federal law? Not a challenge but an actaul question....

I don't think so. But he can't violate it either.

The reason I bring this up is that at MC events (Sturgis, Myrtle, Etc.) frequently the State Cops will not enforce local ordianances, only State laws. Same issue with the Post Office rule, if a local LEO realizes someone is carrying in a post office what can/does he do? (TX LEO's pipe in here please....)

Can a Sheriff enforce a Federal law? Not a challenge but an actaul question....

I don't believe so, however, IANAL.

This same issue is in question regarding non-fed agencies and illegal aliens, with the claim being that non-fed LEO's do not have the authority to enforce fed immigration laws.

In accordance with the article, the sheriff in question is citing the U.S. gun control act of 1968 as his justification for denying CHL's to citizens enrolled in the Oregon med MJ program.

From the U.S. code:

(d) It shall be unlawful for any person to sell or otherwise
dispose of any firearm or ammunition to any person knowing or
having reasonable cause to believe that such person -
(1) is under indictment for, or has been convicted in any court
of, a crime punishable by imprisonment for a term exceeding one
year;
(2) is a fugitive from justice;
(3) is an unlawful user of or addicted to any controlled
substance (as defined in section 102 of the Controlled Substances
Act (21 U.S.C. 802));

In accordance with Oregon state law, medical MJ is neither "unlawful" or classified as a "controlled substance" when the user is in compliance with the state program. So, in essence, unless state law says otherwise, it could be in the same class as many other prescription drugs that would not bar individuals from obtaining a CHL.

Regardless, it's an interesting issue that is beyond the simple scope of MJ and CHL's, and is more about state vs. fed law and enforcement IMO.

This is definitely about state vs. federal law. From what I recall from when this has happened before Oregon law does not prohibit those who legally (under state law) use medical marijuana from obtaining a CCW.

If this were in a bizzaro-world version of Texas that allowed medical marijuana, there would be a different outcome since Texas law requires that an applicant be fully qualified under state and federal law to purchase a handgun in order to recieve a CHL:

Government Code Sec. 411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a concealed handgun if the person:
(9) is fully qualified under applicable federal and state law to purchase a handgun;

Texas Dan Mosby wrote:In accordance with the article, the sheriff in question is citing the U.S. gun control act of 1968 as his justification for denying CHL's to citizens enrolled in the Oregon med MJ program.

From the U.S. code:

(d) It shall be unlawful for any person to sell or otherwise
dispose of any firearm or ammunition to any person knowing or
having reasonable cause to believe that such person -
(1) is under indictment for, or has been convicted in any court
of, a crime punishable by imprisonment for a term exceeding one
year;
(2) is a fugitive from justice;
(3) is an unlawful user of or addicted to any controlled
substance (as defined in section 102 of the Controlled Substances
Act (21 U.S.C. 802));

I didn't know the Controlled Substances Act (21 U.S.C. 802) had an exemption for medical marijuana.

Oregon CHL is a State license
Medical MJ is a valid prescription in the same state.

State cannot take a valid license away if the only allegation is legal use of a prescription medicine.

That's my bet.,,., Any takers?

....and in Tx" NO drinking a beer while carrying"!!!

(..and you smoked how much, just before shooting this poor guy who was just turning his life around? )

I didn't know the Controlled Substances Act (21 U.S.C. 802) had an exemption for medical marijuana.

Apparently, neither did the state of Oregon, or the 15 other states that have adopted a similar approach, despite the fact that the SCOTUS ruled in 2005 that the fed gov can ban MJ in accordance with the commerce act of the constitution.



Between this issue, "national" healthcare, gay marriage, and the recent cases concerning the right to keep and bear arms, we are living in a very interesting time as far as state vs. fed legal matters.

Someone brought up an interesting point earlier, is medical marijuana legal under federal law? I'm pretty sure no, especially considering the DEA frequently threatens land owners leasing their business space out to medical marijuana dispensaries. My question would be, if the form you fill out when purchasing a handgun is federal law or state law that you answer those questions, I would assume federal because they run a national background check on you to make sure you are not lying about anything on there. If this is the case...well then you should not have a firearm, as a question is do you use illegal drugs, and marijuana is still legal in a federal sense.

Another thing to consider is would you carry if you were under a prescription medicine that somehow could be proven that it altered your state of mind? I know I wouldn't, and although one might legally be able to use marijuana in some state, I hope there is never an incident where there is a DGU while someone is under the influence of it, those anti-drug and anti-gun nuts would be never let us hear the end of it.