The Oregon Supreme Court is in the midst of a case that questions the role or impact of medical marijuana use on the right to bear a firearm. Four plaintiffs are before the court, all of which receive medical marijuana via prescription and all of which are also licensed to carry a concealed weapon.

The main source of disdain is Sheriffs across the state who believe medical marijuana users should not be allowed to carry weapons like everyone else. They see the combination as a disaster waiting to happen. Others, including trial court judges in the four cases, believe the parties in question are responsible gun owners and responsible citizens, not pot heads with itchy trigger fingers.

Medical marijuana laws have been on the books in Oregon for about 13 years now and the prescription pot is used for everything from pain disorders to treating the side effects of chemotherapy. Currently, there are about 40,000 medical marijuana users in the state.

The President of the Oregon State Sheriff’s Association believes the “whole medical marijuana thing is a farce,” according to the LA Times. He states the majority of the medical users spend most of their day “running around stoned” and is concerned that weapons in the hands of these high patients isn’t in the best interest of public safety.

Because federal law still bans the use of marijuana as a controlled substance and also makes it illegal for someone to possess drugs and a gun at the same time, they argue that medical marijuana users shouldn’t be afforded the same gun rights.

Carrying a concealed weapon isn’t that difficult in Oregon, where nearly anyone can get a permit unless they have convictions on their record.

Those who use medical marijuana and carry weapons argue that they are rarely, if ever, “high”. They also state they have a need for the firearms, for self protection and security. One Circuit Court judge stated the plaintiffs in the Supreme Court cases are “hardworking, honest, conscientious people who use medical marijuana as contemplated by the statue…They are similarly responsible in their use and possession of weapons.”

Law enforcement officials seem to have visions of Reefer Madness on their minds, with wild marijuana users running the streets armed. On the contrary, the plaintiffs in this case are so ill and in pain, the likelihood they would make any sudden movements, even to draw a weapon, seem pretty rare.

However, law enforcement officials are tasked with enforcing laws, and you can bet if they find that you are violating one, they will do something about it. Whether you are facing marijuana charges or weapons charges, you need someone on your side. Contact my offices today for a free consultation on your case.

This November while California is voting whether or not to make marijuana legal, Oregon will be voting on dispensaries. A few years behind California’s influx of weed stores, Oregon’s Measure 74 will finally allow those authorized to possess medical marijuana to purchase it.

photo credit: vanz

Under current medical marijuana laws, those authorized to smoke must grow the pot themselves or have a caretaker do it for them. Giving a whole new meaning to having a “green thumb”, many patients are not equipped nor botanically gifted enough to grow the kind of marijuana they want to be smoking.

This measure would authorize dispensaries to open up and sell medical marijuana, with a few diversions from the rules in California.

First, the dispensaries must have criminal background checks done on their employees. In addition, growers and dispensaries would have to register with the state. Finally, patients who have prescriptions for marijuana in Oregon must carry a state issued identification card, something not done in California.

Opponents are worried that passing this measure will bring the state one step closer to all out legalization. They point to dispensary robberies and other such criminal behavior that they think will increase if the measure passes.

Supporters on the other hand, state the dispensaries would not only benefit the smokers but also the state of Oregon, by collecting taxes on the sales. According to OPB.com, 10% of the proceeds from the dispensaries would pay for the regulation of them.

This growing acceptance of all things marijuana related seems to be taking hold across the country. Whether or not the currently controlled substance will eventually be legalized remains to be seen. Until that day, however, unless you have a state id authorizing you to have marijuana for medical reasons, you can be charged with possession if you are caught with it.

Under current laws, if you are caught with less than an ounce of marijuana, you face a non criminal violation and fines. But, if you go just a gram or two over an ounce, you could be looking at felony charges and even prison time.  Sale of marijuana carries even more hefty penalties with more than 5 grams constituting a criminal Class A misdemeanor.

When facing charges of this nature, you may feel elated it isn’t something more serious. But, a criminal record is a criminal record and it’s something that can stay with you forever. If you are up against marijuana charges and in need of assistance—call out attorneys today for some valuable legal advice and a free consultation.

Oregon voters will potentially be making some law changes this fall. As the Statesman Journal reports, several initiatives have qualified for the ballot, leaving voters in charge of some critical changes to DUI law and medical marijuana issues. Over 80,000 signatures were received by the Secretary of State Kate Brown, qualifying these issues for the ballot.

First up is a change to existing sex crime laws. Voters have the opportunity to create a mandatory minimum sentence of 25 years for a series of 4 sex crimes. This mandatory minimum would seek to penalize repeat sex offenders by requiring they serve at least 25 years on the 4^th conviction.

photo credit: James Durkee

Another ballot issue would allow the Department of Human Services to come up with a licensing process for marijuana dispensaries. Currently, though medical marijuana laws allow people to have and grow marijuana with a prescription, it does not allow for the sale of the substance. This would make it easier for registered patients to obtain their medicine.

Finally, at issue is a DUI initiative. This measure, if passed, would require a mandatory jail sentence for a 3^rd DUI conviction. It would make this 3^rd offense a Class C felony with a 90 day jail term. Under current law, there is no such mandatory sentence.

However, under current law, felony DUII, 3^rd offense, does carry some serious potential penalties. This slight change would only serve to strengthen the already tough DUI laws. Under current law you can permanently lose your license for a 3^rd offense.

Criminal laws are changing all the time. We often don’t hear much about the changes because voters rarely have a say. Instead, state lawmakers are typically the ones making changes.

Keeping track of what laws are on the books and which have changed can be tricky. Furthermore, reading these laws and making sense of them can be difficult for those people who aren’t educated in the law. This is just one of the many reasons having an experienced defense attorney can really make a difference in your case and your level of confidence when it’s time to face charges.

If you’re facing charges of DUI or any other criminal offense contact our offices for a free consultation on your case and an in depth explanation of the charges against you.

An editorial in the Oregonian this week sums up a conundrum around the country. Despite crimes relating to meth being down overall, a national report not yet released seems to state that the supply of the drug is actually increasing due to new Mexican manufacturing.

Meth was a huge problem in the late nineties and early 2000s. The drug is highly addictive and was seen as a motivating factor in many property and even violent crimes. The manufacturing of meth was also highly dangerous, putting those around it at risk of death.

As the system started to get an understanding of the methods of making the drug, they enacted laws across the country to control its availability. This, paired with harsh prosecutions, is seen as potential reasons why we have seen such a decline over the past several years.

The ingredients used to make meth are much harder to come by now that you cannot purchase pseudoephedrine containing drugs (used in the recipe) without signing a registry at the pharmacy. Although it can be done, meth is now largely made in much smaller batches.

The New York Times this week, released a report entitled “National Methamphetamine Threat Assessment 2010”. The report came from the National Drug Intelligence Center and states, among other things, that the illegal transport of meth and its ingredients is occurring between the States and Mexico, actually increasing the supply of the drug once again.

It is said that this report wasn’t released when it was initially ready due to Mexican President Felipe Calderon’s visit to Washington. The White House Administration reportedly didn’t want to create any tension between the two countries prior to this diplomatic visit. When you also factor in the increasingly tense immigration issues, the potential flood of meth from Mexico is far more complex than it may initially appear.

Meth is a highly addictive and dangerous drug. It is considered a Schedule II drug, one of the most dangerous classifications. Other Schedule II drugs include cocaine, opium, and crack.

If you are caught in possession of meth, you could face Class C felony charges, fairly serious for a non-violent crime. Class C felonies carry a potential sentence of up to 5 years in prison and $100,000 in fines. While a clean criminal history improves your chances of probation, nothing is guaranteed in the Oregon criminal courts.

If you are facing charges of possessing or even manufacturing meth, you need an aggressive attorney in your corner. Contact our law offices today for some helpful legal advice.

California isn’t the only state hoping to legalize marijuana use this year. Although there is a long way to go before the measure can be voted on, marijuana legalization supporters are working to get an initiative on the ballot in Oregon this November as well.

The Oregon’s Secretary of State’s office certified a petition drive last month pushing the legalization of marijuana. Now, supporters have to get over 80,000 signatures before July 1^st in order to see the item up for vote come November.

photo credit: spotreporting

Like marijuana activists in other states around the country, Oregonians point to the potential tax revenue and cuts in crime costs as benefits for the state. Opponents, however, question the safety of the substance and are quick to point out how legalization would run in opposition to federal laws.

Supporters have been holding signature drives across the state in hopes of reaching their goal before the summer deadline. According to one source, however, their chances don’t look good.

The Oregon Catalyst states that their own survey of 988 Oregonians shows that 85% oppose legalization with only 15% supporting. Nationally, they point out those numbers are quite different with only 55% in opposition. It isn’t clear how their numbers were gathered or if they are reliable. If they are, however, petitioners are facing an uphill battle.

Currently, though Oregon does have medical marijuana laws, you can be charged with a violation. You will only face a fine if you are caught with less than 1 ounce, but those penalties are quite different when you pass than threshold.

Possession of marijuana, more than one ounce is considered a felony charge. While it isn’t likely, you could serve up to 10 years in prison for this charge. Of course if you are charged with possessing 2 ounces, your sentence will likely be far less than if you are accused of having 2 pounds, for instance.

Regardless of the exact charge against you, marijuana is still very much illegal in Oregon. If you are facing charges like these, contact a criminal attorney to discuss the defense options available to you under the current laws.

Although state law in Oregon now allows for the use of marijuana, when approved by a physician, in many medical conditions, the state’s high court ruled last week that employers do not have to cater to those people with medical marijuana authorization if their use violates a workplace policy.

The ruling overturns a decision by the Bureau of Labor and Industries and a following affirmation by the Oregon Court of Appeals. What affect this has on employees and states across the country remains to be seen.

The case involved a man who was authorized to use medical marijuana after a doctor determined he has a medical condition that could be managed by smoking pot. The condition caused the man to have severe anxiety, panic attacks, nausea, and vomiting. According to the Oregonian, he was using marijuana 1-3 times a day though not using it at work.

He was employed by a large industry with many large machines and “dangerous pieces of equipment”. When the man admitted to his employer that he was a medical marijuana user he was soon fired. The Bureau of Labor sided with the man, awarding him lost wages and additional funds for emotional suffering.

The state’s high court determined that the state must divert to federal law, however, when considering employment. They state that employers can keep zero-tolerance drug policies in place, potentially displacing medical marijuana users.

This story is just one example of how the enactment of medical marijuana laws does not mean the substance will be without tight regulation. It also provokes many questions about what type of restrictions would be faced if the substance was legalized across the board.

Until that time, however, we will have to deal with the marijuana laws as they stand. Currently, Oregon has some of the more lax marijuana laws in the country. If you are caught in possession of less than one ounce, you will typically only face a fine.

However, if you cross that one ounce threshold, you will face a felony charge.

When facing charges of marijuana possession or even possession with intent to distribute, you need a defense lawyer who knows their way around the sometimes confusing marijuana laws. Contact our attorneys to discuss the details of your case.

In 2005, Oregon became the first state in the country to require a doctor’s prescription for allergy and cold medicines containing pseudoephedrine. At the time it was seen as an extreme measure. Now, states are admitting the law has worked but are feeling the push from pharmaceutical giants to keep the cold medicines non-prescription.

Since the start of the law in 2005, Oregon has seen a particularly dramatic drop in meth seizures and meth lab busts. According to this article from Stateline.org the number of meth labs in 2005 was 192. Last year, the number was only 10. This is particularly significant because elsewhere across the country, those numbers are rising.

Oregon officials see this as clear evidence that their law requiring prescriptions for pseudoephedrine drugs works. Other states are taking notice. Mississippi just created their own similar law and others have considered it.

The pharmaceutical companies making these typically over-the-counter drugs, however, are pushing for other meth-preventing alternatives and have funded several installations of a software network in states like Arkansas and Oklahoma.

Methamphetamines are seen as a particularly dangerous drug to everyone from law enforcement to mental health professionals. It has a high rate of addiction and is commonly linked to other crimes. The manufacturing of meth is associated with chemical explosions, toxic waste, and injury.

Because drugs are classified under the law by their danger and risk of addiction, methamphetamines are considered a Schedule II drug in Oregon. This means if you are caught in possession of meth, you will likely face felony charges and up to 5 years in prison.

Being accused of manufacturing meth is far more serious. You can face up to 10 years in prison for that charge alone. But, with meth manufacturing, you will also likely be charged with possession of precursor ingredients and if there are children in the home, child abuse.

Meth is a serious drug and is seen as such by prosecutors and judges in this state. If you are charged with a drug offense involving meth, you have every right to be nervous.

When facing charges as sobering as this, you need an experienced defense attorney on your side. Contact us for some free legal advice and to discuss the details of the charges against you.