Medical Marijuana vs. Right to Carry: Court Case in OR

[davmat787]

http://cnsnews.com/news/article/oregon-supreme-court-will-decide-if-medi

Cliffs: Basically a medical marijuana patient with prescription had a carry permit. Sheriffs office refused to renew permit based on the prescription. Two lower courts sided with the citizen, OR Supreme Court to rule after having it kicked up.

If possible, I would like others opinions on this without it turning into a generic weekly gun debate thread. Personally, I feel alcohol is way more dangerous than marijuana, and that does not impact ones right to carry assuming laws are obeyed. Also, what about patients on much harder medications such as oxycodone and oxycontin? Just because they are in pill form from big pharma means its ok to combine with carry then?

Disclaimer: not responsible if HAL9000's head 'splodes, I know how you feel regarding both of these issues separately buddy. This court case is not a carefully constructed troll for you. :biggrin:

 

[shortylickens]

I believe people are supposed to be responsible enough to not use drugs while they are carrying. Even so many states do not allow you to bring a weapon into places the serve alchohol on the basis you might get drunk and shoot someone needlessly. I'd rather stick with the idea of personal responsibility since thats what gun ownership is all about.


HOWEVER, people who have a prescription for medical marijuana WILL be getting high on a regular basis, thats their treatment. I honestly dont believe those people NEED to carry a gun and shouldn't be assisted one way or another by law enforcement.
If they wanna carry they might need to decide just how medical their medical marijuana really is.

 

[wuliheron]

She should file a counter-suit for harassment. Small town sheriffs all over the country have been sued for millions for acting like thugs prompting many small towns to stop electing rednecks and demand more professionalism. It is simply not the sheriff's job to decide who is an addict.

 

[davmat787]

I don't think true chronic pain patients get high in the same sense a regular healthy person does. When you have chronic pain, your dopamine/seratonin levels are so low, you would be lucky if the marijuana brought it up to levels near what a normal healthy person has. Also if they are using on a daily basis as prescribed, the body becomes used to it somewhat.

If I had to choose, I guess I would rather be around someone stoned with a gun than one that is drunk. Not a great choice I know, but how often do you hear of some asshat beating his wife because he had one two many joints, vs. domestic violence that is alcohol related?

 

[davmat787]

HOWEVER, people who have a prescription for medical marijuana WILL be getting high on a regular basis, thats their treatment. I honestly dont believe those people NEED to carry a gun and shouldn't be assisted one way or another by law enforcement.
If they wanna carry they might need to decide just how medical their medical marijuana really is.

So where do you draw the line? What about patients on much harder drugs such as oxycodone or oxycontin? If they are obeying all laws, why should they have to pick one or the other when someone who drinks for fun does not?

 

[Nebor]

Most states have a law specifically prohibiting the carrying of a weapon (with a permit) if you are under the influence of alcohol or drugs. Who cares if someone has a gun and some weed, as long as they aren't high at the time they're carrying? Assuming it's legal to possess the drugs in the first place that is. If not, they should be doing a minimum of 10 years in prison for narcotics possession. And another 10 for possession of a firearm during the commission of a felony.

 

[shortylickens]

So where do you draw the line? What about patients on much harder drugs such as oxycodone or oxycontin? If they are obeying all laws, why should they have to pick one or the other when someone who drinks for fun does not?

I dont draw the line, cuz I am not in charge.
I let people decide just what kind of freedom they want to exercise. Seems to me most of us in America are willing to give up the kind of freedom we need to survive in exchange for percieved freedom or safety when really we are just digging ourselves deeper into collapse.

Rich, spoiled white folks were perfectly happy keeping illegals around cuz they were too cheap to pay an American to do their laundry. Now its fucking everyone over, and it was technically always illegal but since we are so law happy and we never fund law enforcement every time we make a new law, shit gets messed up.

Wait, what was the point of my rant?

 

[Zorkorist]

It's pretty normal to be high nowadays... carrying a concealed firearm has nothing to do with it.

-John

 

[davmat787]

Most states have a law specifically prohibiting the carrying of a weapon (with a permit) if you are under the influence of alcohol or drugs. Who cares if someone has a gun and some weed, as long as they aren't high at the time they're carrying? Assuming it's legal to possess the drugs in the first place that is. If not, they should be doing a minimum of 10 years in prison for narcotics possession. And another 10 for possession of a firearm during the commission of a felony.

Good point, and here is where it gets sticky. How do you determine if a medical marijuana patient is under the influence or not when they are carrying?

 

[davmat787]

Wait, what was the point of my rant?

People are blissfully pissing away their rights and freedoms because they are too busy keeping up with the Jones and think that if someone is in the government, that somehow gives said person magical properties and makes them more equipped to make decisions for them? Am I close?

 

[Nebor]

Good point, and here is where it gets sticky. How do you determine if a medical marijuana patient is under the influence or not when they are carrying?

Blood test. In Texas police can (forcibly) take your blood if you refuse the breathalyzer or they feel the breathalyzer isn't appropriate. So basically if they have reasonable suspicion that you're under the influence of anything, take a little blood and sort it out.

 

[davmat787]

Blood test. In Texas police can (forcibly) take your blood if you refuse the breathalyzer or they feel the breathalyzer isn't appropriate. So basically if they have reasonable suspicion that you're under the influence of anything, take a little blood and sort it out.

But what if they haven't consumed marijuana for 24 hours and are no longer 'high'? Blood test would pop for THC if I understand how the drug and tests work.

 

[piasabird]

Medical Marijuana is a big lie. However, how is this different from a drunk waving a gun in the air?

 

[Nebor]

But what if they haven't consumed marijuana for 24 hours and are no longer 'high'? Blood test would pop for THC if I understand how the drug and tests work.

I'm not at all familiar with how the drug and test work, but if the only detectable actor is THC, then testing positive for THC would mean you go to prison. Carrying a weapon while under the influence.

 

[davmat787]

Medical Marijuana is a big lie. However, how is this different from a drunk waving a gun in the air?

I don't think it is a big lie, but I do think it is prescribed way too much for conditions that are not shown to be helped by the medication. Guess that makes it a medium lie then?

Also, are you saying consuming marijuana as prescribed is equivalent to being drunk?

EDIT: are you ok with prescription meds such as vicodin or oxycodone when prescribed for a valid condition?

 

[davmat787]

I'm not at all familiar with how the drug and test work, but if the only detectable actor is THC, then testing positive for THC would mean you go to prison. Carrying a weapon while under the influence.

I think you can pop for THC like 30 days after consumption. No way that means you still stoned, although I see your point that if it is in your blood period equaling being under the influence.

 

[Nebor]

I think you can pop for THC like 30 days after consumption. No way that means you still stoned, although I see your point that if it is in your blood period equaling being under the influence.

I just don't see any other way of doing it. But maybe there's something else in your blood that's indicative of more recent drug use?

 

[bfdd]

I believe people are supposed to be responsible enough to not use drugs while they are carrying. Even so many states do not allow you to bring a weapon into places the serve alchohol on the basis you might get drunk and shoot someone needlessly. I'd rather stick with the idea of personal responsibility since thats what gun ownership is all about.


HOWEVER, people who have a prescription for medical marijuana WILL be getting high on a regular basis, thats their treatment. I honestly dont believe those people NEED to carry a gun and shouldn't be assisted one way or another by law enforcement.
If they wanna carry they might need to decide just how medical their medical marijuana really is.

and fuck you. i would much rather smoke marijuana than take the anti-psychotics I was prescribed for my problems. that by no means should strip me of my right to protect myself or call upon law enforcement.

also, you test if people are stoned by offering them water. cotton mouth is a dead give away.

 

[davmat787]

I just don't see any other way of doing it. But maybe there's something else in your blood that's indicative of more recent drug use?

Not sure, will see what I can dig up. If THC stays in your system that long (99% sure of that) but you are no longer stoned, perhaps it is the psychoactive part of the drug that is short lived, as in you are stoned as long as that is in your system, rather than the THC.

 

[davmat787]

also, you test if people are stoned by offering them water. cotton mouth is a dead give away.

You forgot this in addition to the water. One of the reasons why medical marijuana helps cancer and chronic pain patients that suffer from nausea and would otherwise waste away to skin and bones and not be able to hold down other meds.

 

[irishScott]

I don't get this case really. Personal responsibility, you shouldn't be able to carry while high. Same reason you can't carry while drunk. What the sheriff did is the equivalent of requiring people to call him up when they go drinking so he can suspend their permit for the next month.

 

[bfdd]

Bust out the taco bell, it'll work well to sniff out those who are high.

Also, they gave me an anti-spastic recently, I have IBS(so glad to know wtf it was), which helps as well. But it only helps with the pain and cramps, not the nausea at all. Weed covers all my aliments and I happen to thoroughly enjoy getting high. It's really a win win for me.

 

[Matt1970]

Are you people actually advocating that people who are stoned should be able to carry guns?

 

[Zorkorist]

Yeah. It's pretty simple really. Stoned people, drunk people, should be able to carry arms.

It's the 2nd Amendment we made to the constitution.

The right to bear arms.

-John

 

[nobodyknows]

Are you people actually advocating that people who are stoned should be able to carry guns?

How else are you going to be able to protect your stash??