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Old February 21, 2013, 10:25 PM   #28
Frank Ettin
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Join Date: November 23, 2005
Location: California - San Francisco
Posts: 6,901
Quote:
Originally Posted by dajowi
...In looking over the on-line CHL application from the county, there is no specific language dealing with Oregon Medical Marijuana Card holders.

The state has made a determination as to how it's going to handle a rather controversial issue regardless of federal law. Who knows what the future will bring.
But the practical, real world result is the a medical marijuana user in Oregon, even with an Oregon CHL, is still subject to federal prosecution if he possesses a gun. The Oregon CHL is, as the Oregon Supreme Court specifically stated, no barrier to federal prosecution under federal law.

The Oregon Supreme Court's decision is a nice technical analysis of basic preemption law. And it reaches what is a proper, technical conclusion. But it breaks no ground nor even challenges in any way the supremacy of federal law.

That's probably why the U. S. Supreme Court didn't see any reason to take the case. That's also why, as far as the marijuana/gun dynamic goes, the Oregon decision is unlikely to have any meaningful effect. So it's unlikely the future will bring much, unless by a change in federal law.
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