becky420
05-29-2008, 09:00 AM
Using medical pot bars gun?
Thursday, May 29, 2008
The Oregonian
Washington County plans to appeal a judge's decision ordering Sheriff Rob Gordon to grant concealed weapons permits to three men who lost them because they are medical marijuana users.
Sheriff's officials say they need clarification on whether federal law prohibiting illegal drug users from possessing handguns trumps state law, which allows Oregonians to legally smoke marijuana to treat pain.
The county also wants to make sure it won't be liable if a medical marijuana user receives a weapons permit and then commits a crime with the weapon.
"We're trying to get a ruling from the courts to tell us what to do on this," Cmdr. Willie Bose said.
Leland Berger, an attorney for the men who prevailed in a May 15 decision, said the law is clear on the issue.
"Why is the sheriff only discriminating against sick and dying people?" Berger said. "What the heck is that?"
County lawyers expect other Oregon counties to follow the issue closely. Just this week, a Jackson County Circuit judge ordered Sheriff Mike Winters to renew the concealed handgun license of a woman who said she is a medical marijuana user.
Washington County judges have ruled against the sheriff's office on the issue in the past, including a 2005 case involving Steven Schwerdt. The Beaverton-area man also is one of the three complainants who prevailed in the May 15 decision from Washington County Circuit Judge Steven L. Price.
In the 2005 case, Gordon took away Schwerdt's permit when Schwerdt indicated on a concealed handgun change-of-address form that he had a medical marijuana card and frequently used the drug. Past forms used by the sheriff's office did not ask about drug use.
In that case, the county decided not to appeal because it was not clear that Schwerdt possessed a handgun at the time, County Counsel Dan Olsen said.
Under the federal law that Gordon is following, someone using an illegal drug -- which includes pot -- is not permitted to possess a firearm. State law doesn't address the issue of using illegal drugs and possessing a firearm unless someone has a drug conviction, Olsen said.
"The question is whether there's a conflict between federal and state laws and whether federal law pre-empts state law," Olsen said.
Oregon voters approved physician-approved medical marijuana in 1998.
In the recent case, Schwerdt, Paul Sansone and Lee Wallick challenged the sheriff's office decision to deny them concealed handgun permits because they use marijuana for pain relief.
Price ordered Gordon to grant handgun licenses to all three men.
County lawyers expect to get formal approval from the Washington County Board of Commissioners next week to pursue the issue before the Oregon Court of Appeals. Olsen expects the appeals process could take a year.
In the meantime, new applications for concealed weapons permits are on hold at the sheriff's office, Bose said. Nine permits have been revoked since August, he said.
"We'd like to have a decision sooner rather than later so we know where to go on this issue," he said.
Thursday, May 29, 2008
The Oregonian
Washington County plans to appeal a judge's decision ordering Sheriff Rob Gordon to grant concealed weapons permits to three men who lost them because they are medical marijuana users.
Sheriff's officials say they need clarification on whether federal law prohibiting illegal drug users from possessing handguns trumps state law, which allows Oregonians to legally smoke marijuana to treat pain.
The county also wants to make sure it won't be liable if a medical marijuana user receives a weapons permit and then commits a crime with the weapon.
"We're trying to get a ruling from the courts to tell us what to do on this," Cmdr. Willie Bose said.
Leland Berger, an attorney for the men who prevailed in a May 15 decision, said the law is clear on the issue.
"Why is the sheriff only discriminating against sick and dying people?" Berger said. "What the heck is that?"
County lawyers expect other Oregon counties to follow the issue closely. Just this week, a Jackson County Circuit judge ordered Sheriff Mike Winters to renew the concealed handgun license of a woman who said she is a medical marijuana user.
Washington County judges have ruled against the sheriff's office on the issue in the past, including a 2005 case involving Steven Schwerdt. The Beaverton-area man also is one of the three complainants who prevailed in the May 15 decision from Washington County Circuit Judge Steven L. Price.
In the 2005 case, Gordon took away Schwerdt's permit when Schwerdt indicated on a concealed handgun change-of-address form that he had a medical marijuana card and frequently used the drug. Past forms used by the sheriff's office did not ask about drug use.
In that case, the county decided not to appeal because it was not clear that Schwerdt possessed a handgun at the time, County Counsel Dan Olsen said.
Under the federal law that Gordon is following, someone using an illegal drug -- which includes pot -- is not permitted to possess a firearm. State law doesn't address the issue of using illegal drugs and possessing a firearm unless someone has a drug conviction, Olsen said.
"The question is whether there's a conflict between federal and state laws and whether federal law pre-empts state law," Olsen said.
Oregon voters approved physician-approved medical marijuana in 1998.
In the recent case, Schwerdt, Paul Sansone and Lee Wallick challenged the sheriff's office decision to deny them concealed handgun permits because they use marijuana for pain relief.
Price ordered Gordon to grant handgun licenses to all three men.
County lawyers expect to get formal approval from the Washington County Board of Commissioners next week to pursue the issue before the Oregon Court of Appeals. Olsen expects the appeals process could take a year.
In the meantime, new applications for concealed weapons permits are on hold at the sheriff's office, Bose said. Nine permits have been revoked since August, he said.
"We'd like to have a decision sooner rather than later so we know where to go on this issue," he said.