Oregon's Court of Appeals held that the Douglas County Sheriff could not check the medical marijuana database to confirm that an applicant for a concealed handgun license ("CHL") lied about his marijuana use.
Here are the facts. Robert Held applied for a CHL. The application asks about the use of controlled substances, including marijuana. Mr. Held denied use. Sheriff Hanlin checked with the state database, and found Mr. Held had a medical marijuana permit. When the Sheriff asked for more details, Mr. Held balked, and the Sheriff denied the handgun permit because Mr. Held did not complete the application.
The court applied a straight statutory construction analysis. When two statutes seem to conflict, then the more specific and current statute controls. The medical marijuana law says police may check to determine if someone is a permitted user and not for other purposes. Sheriff Hanlin said the concealed handgun law allows him access to the information, too. The court said that the newer, more specific medical marijuana law applied, and the Sheriff was wrong to see if Mr. Held had a marijuana identification card.
So, in effect, Sheriff Hanlin has to ignore the fact that Mr. Held denied using marijuana (unless the Sheriff gets information from another source).
Here's my loaded question to lawmakers and voters: Should we amend the law to allow sheriffs to examine all databases when deciding whether to let loaded people carry loaded handguns?
Jeff Merrick, Oregon Trial Attorney
Injury & Employment Law
503-665-4234
