Explaining The Law With One Case Illustration

980 words - 4 pages

In considering whether a caregiver of a patient who possesses a registry identification card under the ORS 475.300 Act is likely to be found guilty or not guilty of illegal possession of marijuana. Patients and doctors have found marijuana to be an effective treatment for debilitating medical conditions, and Oregonians suffering from these conditions should be allowed to use small amounts of marijuana without fear of civil or criminal penalties. ORS, 475.300 (2007). A person who possesses a registry identification card issues pursuant to ORS 475.309 may engage in, and a designated primary caregiver of such a person may assist in, the medical use of marijuana only as justified to mitigate ...view middle of the document...

Root, 202 Or.App. 491, 123 P.3d 281. Evidence in the case of defendant’s handling and transporting growing marijuana plants while they ere lawfully possessed by a person who maintained dominion and control of them was insufficient to support a finding that defendant possessed them under the PCS offense defined in PRD 475.840(3). Fries, 212 Or.App. 220, 158 P.3d 10. Limitations on cardholder’s immunity from criminal laws involving marijuana; (1) No person authorized to possess, deliver or produce marijuana for medical use pursuant to ORS 475.300 to 475.346 shall be exempt from the criminal laws of the state of Oregon or shall be deemed to have established an affirmative defense to criminal charges of which possession, delivery or production of marijuana is an element if the person, in connection with the facts giving rise to such charges. ORS, 475.300 (2007).

The Medical Use of Marijuana Act is clear that designation of caregiver must occur before possession of marijuana. See Phelps, 77 P.3d 678 (Wash. App. Div. 2 2003). In Phelps, a package containing marijuana was delivered and possessed by the Defendant, who claims to be the caregiver of a medical marijuana patient, the Defendants foster father Robert Clark, under the provisions of ORS 475.309. Id. On November 16, 2001, the state charged the Defendant with attempt to possess marijuana under RCW 69.50.401(d) and RCW 69.50.407. Id. Clark designated the Defendant as his primary caregiver on March 5, 2002, after the arrest and charges occurred. Id. The state moved to prevent the Defendant from presenting evidence that he could lawfully possess marijuana as the designated primary care giver for a medical marijuana patient. Id. The court granted the state’s...

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