Supreme Court rules on gun permit for medical marijuana users

May 31, 2011

Oregon: On May 19, the Oregon Supreme Court ruled that concealed weapons permits cannot be denied to law-abiding residents who use medical marijuana. The court ordered Sheriff Mike Winters, of Jackson County, to issue a permit requested by Cynthia Willis, a medical marijuana user. Winter initially denied the permit, citing the U.S. Gun Control Act of 1968, which forbids anyone who uses or is addicted to a controlled substance from having a firearm. The court sided with Willis, saying, "We hold that the Federal Gun Control Act does not preempt the state's concealed handgun licensing statute and, therefore, the sheriffs must issue (or renew) the requested licenses." Winter first denied the permit in 2008 and subsequently lost every legal battle since.