Oregon Landmark Legal Rulings
State v. Luster (2015)
The Oregon Court of Appeals affirmed the conviction of an illegal possession of marijuana against a defendant. The court held that the affirmative defense available to a registered medical marijuana patient was invalid because the defendant had been diagnosed with a condition over 12 months prior to the arrest (interpreting Or. Rev. Stat. Ann. § 475.319, which is currently renumbered as 475B.480 in 2015 by the Legislative Counsel).
State v. Ellis (2013)
The Oregon Court of Appeals held that defendant’s hashish constituted as “usable marijuana” under OMMA. Therefore, usable marijuana under Oregon law includes dry leaves, flowers and hashish of marijuana.
State v. Berringer (2010)
The Oregon Court of Appeals affirmed a conviction of an illegal possession of marijuana against a nonresident defendant. The court held that enforcing Oregon’s law against possession of marijuana does not violate a nonresident defendant’s right to travel from state to state.
The Supreme Court of Oregon found that the Oregon Revised Statute § 475.306(1), which authorizes the use of medical marijuana, is preempted by the federal Controlled Substances Act. This Court’s decision is limited to § 475.306(1) (currently renumbered as § 475B.433); the Court also refused to rule whether the Controlled Substances Act preempt other provisions of the OMMA that exempt the possession, manufacture, or distribution of medical marijuana from state criminal liability.