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...


Hero: Explaining why Napoleon Bonaparte is one of the greatest French heroes

727 words - 3 pages and freedoms, forming a respectable educational system and creating religious tolerance, along with dominating the enemies of France with his excellent skills in militarism, Napoleon became one of the greatest French leaders and heroes of all time.Napoleon claimed "Equality must be the first element in education.’ This was the basis of the educating system Napoleon strived for. The Education reforms which Napoleon introduced in 1802 called

Analysis of the Case Law

3355 words - 13 pages Analysis of the Case Law "There is no prescribed constitutional relationship between the courts and the executive, but the judges assert their inherent power, derived from the rule of law, to review executive actions" The question starts off by giving us an element of the separation of powers when it says that there is no prescribed

What have you understood to be the relationship between innocence and experience in Blake's Songs? Support your discussion with appropriate illustration from the poems

2786 words - 11 pages , it may be considered as a single poem opposing the whole of Songs of Innocence. Tirzah is one of the five daughters of Zelophehad, also the name of the capital of Israel, which is in opposition with Jerusalem, the city of God. The first stanza begins with the well-known fact that "Whate'er is born of mortal birth" dies. And ends with the question "Then what have I to do with thee?", it seems it is directed exactly to that mortal part of humans

"DNA, and its issues with the law"

1496 words - 6 pages DNA, AND ITS ISSUES WITH THE LAWDNA is often related to the individual cell as the director of an epic motion picture, the coach behind the bench of a 6-time Stanley Cup championship team, and or a normal high school law teacher trying to make a difference in the lives of his or her students every single day of the year. Basically, DNA is what makes up the vital foundation of every living component that is essential to the existence of life. The

Natural law in the Gideon Case

1261 words - 5 pages Is the right to an attorney a fundamental right or not? This very question was raise in the US Supreme Court with the case of Gideon v Wainwright. Mr. Gideon, a man in Florida, faced a misdemeanor change. When the case was brought to court he asked the court if they could appoint him an attorney because he could not afford to get one on his own. The judge in the case denied him that request because he was not facing a capital offense. The

The Case of Procedural and Substantive Law

2226 words - 9 pages 1. Define the terms takings as it relates to the environmental law and provide one example of a legally resolved taking case. Answer: Taking is a general term of an act of taking something. In an environmental point of view, the taking is ta process that involves taking something of an environmental assets, such as land, from an individual or organization. However, most cases, it involves government taking private property from owners when that

The Failure of International Law After World War One

592 words - 3 pages The end of World War 1 saw the European combatant nations tire, millions of people died in the battlefield, and political conditions changed. The German, Austrian and Russian monarchies had been driven from power and replaced with democratic or revolutionary governments, and many European ethnic groups which had been subject to these three states seized the chance to obtain independence. Thus the victors attempted to bring permanent peace to

Biotechnology and the Law: Case Studies Pset

1148 words - 5 pages 1. While organisms from nature are not inherently patentable, “human-made microorganisms with markedly different characteristics from any found in nature can be patented as long as the other patent requirements are met” (Bhatia “Patenting” 19). To be patentable, an invention must be new, non-obvious, unique, and useful. Thus, following the conclusion of the case Diamond v. Chakrabarty, which states that as long as the invention meets the above

Essay explaining one major challenge facing organisations in the coming decades and its implications for the kind of leadership and negotiation capabilities that they will need to develop

1594 words - 6 pages aspect of Negotiation and technology, it is in doubt that leaders need to choose the best way to negotiate with parties who expect to be rewarded in ways that might not be consistent with the interests of their organisation.As a leader, choosing the correct negotiation approach will decide whether or not you have been successful. There are a few negotiation approaches put forward by Walton and McKenzie, first one being, "distributive bargaining, the

Book: "Mr. Murder" By Dean Koontz 6 passages from the book and one quote of the book both explaining them. plus conclusion

1325 words - 5 pages behavior. I agree with this passage that children don't need physical violence in order to change their behavior and be good. They need love, worth and value - that's a better way to raise children.PASSAGE NO. 3:"The prospect of slaughter excites him, and he knows that blood can make him forget, at least for a short while, the aching need that plagues him. He has experienced the pattern before. Need fosters frustration; frustration grows into anger

The Statue of Liberty: The One with Open Arms

743 words - 3 pages credited with designing this beautiful statue. Fredric Bartholdi was the architect of the project and was committed to it. Since money was necessary, he helped begin fundraisers. One of these was located in Madison Square. While going around different areas, he met different people. He then tried to persuade them into helping fundraise, raise awareness, and gain support for the project. To assist him, Frederic Auguste hired Gustave Eiffel to

Similar Essays

Law General Defences Examining All The Possible Defences For Some One Charged With Murder Actus Reus And Mens Rea

2643 words - 11 pages , the crime of receiving stolen goods requires the knowledge that they were stolen). Some crimes require no mens rea; these are known as crimes of strict liability.This means liability for a crime that is imposed without the necessity of proving mens rea with respect to one or more of the elements of the crime. There are few crimes of strict liability at common law but such crimes are often created by statute, particularly to control or regulate

The Mother With One Eye Essay

605 words - 2 pages worry. He was living like a king without a worry and no more living like a laughing stock. One day his mother knocked at the door and his children went to check who is at the door. They started to laugh when they saw this woman with one eye. The boy went there and saw hat it was his mother and shouted at her. Telling her first you made me a laughing stock at school and now you make me a laughing stock at home too. He told that he doesn't want to

No One Is Above The Law

1345 words - 6 pages prosecuting his own father for murder. He justifies his actions, by saying he is pious, and piety he says is dear to the gods. Euthypro also claims to speak of divine things. Perhaps he has a similar sign to the one Socrates has. If this is the case, then why is he justified in expressing what he believes as righteous, when he should be considered as equally guilty as Socrates? As they continue their discussion, Socrates with his latent sarcasm

The Welfare Reform Law Of 1996. This Is An "Explaining A Concept" Essay

566 words - 2 pages A group of sixth graders prepares to leave for their graduation pictures. But one little boy holds back. "What's the matter?" his teacher asks him softly. The boys eyes filled with tears."It's almost the end of the month," he says. "The welfare money has run out, so my mother can't afford to pay for a picture until the next check arrives." Welcome to life on welfare.In the summer of 1996, Democrats and Republicans finally agreed on a compromise