Oregon Supreme Court: Medical Cannabis Patients Have Second Amendment Rights Too

Great news today from Oregon’s Supreme Court (as compared to SCOTUS!) regarding personal responsibility and liberty in ruling for a medical cannabis patient who was denied their full Second Amendment rights simply because they use cannabis.

The case was largely championed by NORML Legal Committee member and Amicus chair Leland Berger of Portland and from legal counsel from the National Rifle Association.

Mr. Berger’s remarks are found below announcing the case today on NORML’s network. The decision can be read here.

“To conclude: the sheriffs in this case are not excused from their duty under ORS 166.291(1) to issue CHLs to qualified applicants, without regard to the applicant’s use of medical marijuana, on the ground that issuance of CHLs to medical marijuana users would violate a federal prohibition on making false statements about the lawfulness of transferring firearms to such persons. Neither are the sheriffs excused from that statutory duty on the ground that it is preempted by federal law. The sheriffs were without authority to deny petitioner’s CHL applications.”

Full text of unanimous opinion, authored by the chief, issued 77 days after oral argument online here:

http://www.publications.ojd.state.or.us/S058645.htm

Many thanks to John Lucy, who has forgotten more obscure gun law (and facts) than I ever knew, to OPDS Appellate Section for meeting with John and I pre-argument for a discussion of potential questions, to Adelia Hwang for researching federal legislative history of the federal guncontrol act and to Kristin Stankiewicz for her research assistance onother issues; to Alan Silber of Roseland NJ for developing a judicialestoppel argument and to Bill Panzer of Oakland, CA for explaining it to me.

But mostly I am grateful for the courage of medical cannabis patients Paul Sansone, Steven Schwerdt, Eli Wallick and Cynthia Willis for standing up to the lawless Sheriffs of Washington and Jackson Counties, here in Oregon.

Woo-hoo!

Lee Berger, Portland, OR

Associated Press coverage of the case is found here.

NORML Conference: Key Speakers, Agenda and Earlybird Discounts Concluding

Key Speakers At 2010 NORML Conference in Portland, Oregon: Former New Mexico Governor Gary Johnson, Congressman Earl Blumenauer and Best-Selling Travel Author and TV Host Rick Steves

There are three important components in this 2010 NORML conference alert:

-Key Speakers

-Early-bird Pricing For Registration Is About To Expire

-Conference Agenda and Speakers Announced

-Key Speakers-

NORML is honored and proud to have the former two-term Governor of New Mexico, Gary Johnson (R) address the 39^th annual national NORML conference on Friday, September 10 at the Governor Hotel in Portland, Oregon.

Gary Johnson became the first sitting governor in 2002 to speak at a NORML national conference in Washington. To date, few elected policymakers—and no governor in American history—have been more politically supportive of ending cannabis prohibition than Governor Johnson. As New Mexico’s term-limited governor from 1994-2002, Governor Johnson championed numerous drug policy reforms, including legalizing medical cannabis.

Governor Johnson, a man of both big political ideas and financial means, is an early and declared candidate to be the next U.S. president in 2012 (running a decidedly libertarian-leaning campaign as a Republican) who favors substantial changes to America’s longest and most expensive war—the war on some drugs.

Congressman Earl Blumenauer (D) is a long-serving member of the U.S. House of Representatives from Oregon, who is a co-signer of current federal legislation that would reschedule cannabis to allow its medical use by qualified patients.

Rick Steves, a best-selling travel author and NORML Advisory board member is a longtime supporter of cannabis law reform based on his travel experiences and personal observations, who, in 2008 hosted an ACLU television program called ‘Marijuana: It’s Time for a Conversation’.

-Early-bird Pricing for Registration Is About To Expire; Register Now, Save Money-

After a one month-long period promoting early-bird discount pricing to pre-register for the conference, prices are about to take a turn upwards. Register now to save, especially if you’ve already reserved a room at the sold-out Governor Hotel, overflow hotel Red Lion or live in the greater Portland area. Discount pre-registration pricing ends at midnight (Pacific) Sunday, August 29.

-Conference Agenda and Speakers Announced-

The 39^th annual NORML conference, ‘Just Say Now!’, continues the tradition of inclusiveness, expertise, passion, devotion, experience and celebration of all things cannabis-related—where over fifty speakers from across America will speak on matters ranging from legalization, medicalization, hemp, history, politics, science, law, business and culture.

Don’t delay if you want to be assured a seat at America’s oldest and largest pro-marijuana conference, as it will likely sell out soon (the host hotel and overflow hotels already have…).

Sponsorships and vending tables are still available. Deadline for sponsorships is Aug. 30 and vendors Sept. 7. Check out more conference details or pre-register at www.norml.org/conference

I hope to see you this September in Portland!

NORML’s Upcoming Just Say Now! National Conference in Portland, Oregon

Dear NORML Members and Supporters,

The National Organization for the Reform of Marijuana Laws invites you and your like-minded friends and family members to attend the organization’s 39th annual national conference in beautiful, cannabis-tolerant and hemp-friendly Portland, Oregon, Thursday, September 9 – Saturday, September 11.

The national NORML conference is America’s largest and oldest gathering of cannabis law reform activists.

With the call to legalize cannabis growing stronger and louder every year in America, this year’s apropos conference title and theme: Just Say Now!

The NORML 2010 conference is convening at the historic landmark The Governor Hotel in downtown Portland, right in the middle of the ‘free ride zone’ for the City’s famous and efficient transit system.

Like all previous NORML conferences, leading cannabis law reform activists, elected policymakers, lawyers, doctors, medical researchers, business leaders and educators will deliver speeches, papers and presentations regarding numerous aspects of cannabis.

You can review some of this year’s cutting edge conference topics here. Also, you can view past NORML conferences here.

Good News, Bad News Situation…
Bad news first… so popular are NORML’s national conferences that a single alert from NORML in March effectively sold out the entire large block of the host hotel’s discounted rooms.

The good news however is that steeply discounted hotel room rates have been negotiated for the overflow with a nearby, NORML-supportive hotel ($99/night as compared to $160/night at the host hotel).

Whether traveling from afar or from the greater Eugene-Portland-Seattle area, to make sure that you can attend this year’s Just Say Now! national conference, please register online. This year’s conference — based on how fast The Governor’s rooms sold out — looks to be another sell out, so please do not delay registering for the conference online or by calling toll-free @ 888-67-NORML.

Jack Herer Memorial Expo Hall And Conference Sponsorships Available
Vending tables and unique conference sponsorship packages are available. Check out the information online, call the toll-free number or email norml2010@norml.org for more details.

Previous NORML conferences have been sponsored by physicians, lawyers, accountants, cultivation experts, medical cannabis wellness centers and delivery services, insurance companies specializing in medical cannabis, cannabis education centers and ‘colleges’, medical delivery device makers, hemp and clothing retailers, as well as pro-reform organizations.

Learn, Love, Enjoy and Focus
Lastly, September 9-11 is a most propitious weekend to convene a NORML conference in Portland, a city with great nightlife (the Northwest Music Festival will be going on when we’re in town), a-m-a-z-i-n-g local microbrews and wines, wonderful eateries, arts & crafts and scenery.

Speaking of scenery and local color, September 11-12, Oregon’s largest pro-cannabis public event, Hempstalk, is also happening at a nearby state park on a large lawn, surrounded by 100-foot tall evergreens, at the confluence of two mighty northwest rivers, creating a lovely setting for a large pro-cannabis festival and celebration (featuring speakers, music, vendors, food and crafts). Our out-of-town guests may want to stay an extra day to attend Hempstalk.

Worried about the cost of renting a car, getting around Portland, parking and gas prices? Don’t be as this is one US city where a car is absolutely not necessary — from the airport to hotel to around town events — Portland’s transit system removes much of these concerns and costs.

Whether as a not-to-be-missed yearly cannabis law reform activity, a professional junket or part of one’s annual vacation to see amazing places, with really kind folks, please register ASAP for NORML’s 39th annual conference in Portland, Oregon this September.

Kind regards,

Allen St. Pierre
Executive Director
NORML / NORML Foundation
Washington, D.C.

Save-the-date: NORML’s 39th National Annual Conference Convenes In Portland, Oregon

Dear NORML Supporters,

At the busiest and most productive time in the cannabis law reform movement’s history, there has never been a better time to attend a national NORML conference!

The 39th annual national NORML conference will be held September 9-11, 2010 at the historic landmark Governor Hotel in downtown Portland, Oregon.

This year’s annual conference is expected to be a quick sell-out because there are a limited number of rooms at the host hotel and conference registrations available than previous national conferences in San Francisco, Berkeley and Los Angeles.

The conference registration, list of speakers and agenda will not be released for a few weeks, but if you really want to attend this year’s conference in Portland I suggest doing the two following items ASAP:

• Save the dates on your calendar
• Reserve your room(s) at the beautiful and centrally located Governor Hotel (all rooms have balconies or windows, and allow medical marijuana smoking)

NORML has negotiated excellent room rates at this historic registry hotel:

• Superior Room ($147/night)
• Deluxe Double or King Size bed ($157/night)
• Junior Parlor Suite ($166/night)

Reserve your room right now for NORML 2010 in Portland by calling 503-802-5802, and please indicate ‘NORML 2010 Annual Conference’ to receive the discount.

Procrastination will not pay! If you snooze, you lose! First come, first served!

Thanks again for all your help and support reforming America’s antiquated cannabis laws, and NORML’s staff and I look forward to seeing longtime supporters, along with new ones, at the organization’s 39th annual national conference in beautiful, progressive and cannabis-friendly Portland, Oregon this September.*

Kind regards!

-Allen St. Pierre

Executive Director

NORML/NORML Foundation

Washington, D.C.

director@norml.org

*Double Bonus: Hempstalk, the largest pro-cannabis rally in Oregon, which is held at a beautiful state park at the confluence of the mighty Columbia and Willamette Rivers, is the same weekend as NORML’s national conference!

NORML Board Member: I’ve Seen A Better Alternative To Marijuana Prohibition

THE FUTURE IS OURS FOR THE MAKING

NORML’s Cannabis Café

By George Rohrbacher, NORML board of directors, medical marijuana patient

The first time I met Madeline Martinez, the executive director of Oregon NORML, she told me about her dream…a meeting place for medical marijuana patients, some space to hold classes, a very different vision of healthcare. I took a drive to Portland last week to see this dream come true; to Oregon NORML’s World Famous-Cannabis Café, a trip to a Future of our own making.

Set in an older blue-collar neighborhood in North East Portland, NORML’s Cannabis Café, occupies a building that was reputed to be a ‘speakeasy’ during Prohibition, alcohol Prohibition, that is. It includes a meeting/concert space upstairs for about 200+ people, in addition to the Café downstairs. Oregon NORML signed a lease this fall with the onsite restaurant operator and took over the business in November. NORML volunteers have been working there non-stop ever since, turning the building into the Cannabis Café. Its opening last month became a world-wide press event…apparently a lot more people than Madeline thought the NORML’s Cannabis Café was an idea whose time had come.

America is currently a crazy-quilt of regulation with the 13 states and counting that have legal medical marijuana. Think what it will look like when all 50 states finally have it! In July, a front page article in the Wall Street Journal announced to the world that the Feds were standing down from enforcement in states with medical marijuana laws, and that MEDICAL MARIJUANA IS NOW OPEN FOR BUSINESS. As I read this, I could imagine entrepreneurs from coast to coast starting to draft their own plans for the medical marijuana businesses, the Next New Thing.

Stephen DeAngelo, the founder of Oakland’s Harborside Health Center, the Bay Area’s largest medical marijuana dispensary, gave one of the most thought provoking speeches at NORML’s 2009 Annual Conference on this very important topic: When marijuana is finally legalized (and new polls indicate America has finally reached the tipping point on this political issue) and the dust has settled, what will the business end of marijuana eventually come to look like? Remember, we are talking about taking an underground multi-billion dollar business and bringing it above ground. This is BIG. There will be huge long-term societal consequences of legalization far beyond the river of tax revenues it will create, many of which will be determined by what physical form legalization takes. So, what will the legal marijuana business in America come to look like? Something big and corporate? Something along the lines of Pepsi, RJ Reynolds, Starbucks, Pfizer, or Budweiser companies that market similar kinds of products??? Big profits, huge advertising budgets and lots of political cash….OR…should legal marijuana be something very different?

Stephen challenged his listeners to see that right now we have the opportunity to shape that marijuana business future, to get something different than the standard corporate outcome …right now, we have the opportunity to create a different cannabis delivery system that isn’t just about the performance on the quarterly bottom line, like it is in the ‘Pepsi’ paradigm, we can create a system that serves the public while at the same time it provides community service…something more along the business lines of Newman’s Own Salad Dressings from whose revenues have come donations of  almost $300 million to charities… Just think of that! The outcome for legal cannabis America could be vastly different, if we choose it…

Pain management is one of the places where the rubber truly meets the road in healthcare, a multi-billion dollar business. Non-toxic cannabinoid therapy has a very real place there. And non-toxic is good, as the very first rule of medicine should always be ‘to do no harm’. So, shouldn’t cannabis, from the get-go, do it differently than the Vicodin/Oxycodone ‘take these pills by yourself’ delivery model? After all, cannabis and all its users, medicinal or not, have been long defined by society as ‘counterculture’, so shouldn’t we be expected to do it differently, when we got our turn to create legal marijuana??? How about creating a non-profit medical cannabis delivery system whose central focus was on the patients, not profits for starters? Patients will have better results in chronic pain relief in the social setting of a Cannabis Café, where having people to talk to makes one’s problems feel lighter and one’s pain (medicated or not) easier to bear. Classes will be starting soon at the Cannabis Café on everything from aerobics, yoga, and weight management to plant propagation. Figuring out ways to provide free medicine to the indigent has been part of the design of the Oregon NORML’s Cannabis Café since its very inception. (Imagine that, the poor thought of first in the NORML model, not dead-last like in the standard corporate model.)  Perhaps a “Buds on Wheels” program for shut-in medical marijuana patients, too…A hemp products emporium, you get it, a place for everything cannabis, and you, too.

At NORML’s Cannabis Café, feel better…get better And then…What if… patients could meet at NORML Cannabis Cafés all over the country and the revenues generated driving a host of programs, in the area of healthcare and post drug war reparations, like freeing the thousands in jail today on pot charges? Think about it. Is that the kind of future you want? We can have it.

About two years ago, to better understand medical marijuana from the patient’s viewpoint, I interviewed the first 45 people waiting to get into one of the bi-monthly Oregon NORML Medical Marijuana meetings. Virtually everyone I asked that morning willingly volunteered his or her medical history. I heard a long litany of construction, car, and motorcycle accidents, of broken bones, dislocated joints, failed surgeries, and cancer… people who made me wonder, “How in the world does this guy/gal sleep at night?” Then it would occur to me, “Oh yes, of course, the cannabis.” For them NORML’s Cannabis Café puts dealing with serious medical issues in social setting…and shows it can be fun, as well. No wonder it’s a raging success.

NORML’s Cannabis Café is getting better by the day, as this new evolving healthcare paradigm kicks in. America can definitely learn something from the good folks who are blazing the Oregon Trail with medical marijuana; the future IS ours for the molding.

I’ve seen it.