Oregon Medical Marijuana Guide – Edward Glick

The Oregon Medical Marijuana Guide is, among other things, an instruction manual on how to use the
Oregon Medical Marijuana Act (OMMA). The Guide’s purpose is also to educate and inform patients and health
care providers about the specific diseases for which Cannabis has proven to be a useful treatment. This book is not
a replacement for a medical consultation. Anyone who uses medical Cannabis should contact his or her health care
provider.
Neither OMMA, nor this Guide, can confer total legal protection for patients who use Cannabis. It remains
illegal to use and possess Cannabis under federal law. The OMMA is, rather, an exclusion from Oregon criminal
and civil laws banning Cannabis cultivation, possession and use. Cannabis-using patients in Oregon should
understand that they are violating federal law and may be arrested, prosecuted, and jailed for their use of the
drug even if they are registered in Oregon’s Medical Marijuana Program. Thus, the author and publisher can assume
no responsibility for legal problems arising from the use of this book. It is offered, instead, as an informational
and educational resource designed to assist suffering Oregonians in making informed use of the OMMA.
Oregon law, specifically the OMMA, represents the present legal situation concerning medical Cannabis use
in Oregon. The Controlled Substances Act (CSA) is the legal justification claimed by the federal government for
banning all use of Cannabis. Federal authorities, most notably recently retired “Drug Czar” General Barry
McCaffery, have steadfastly pursued a policy which refuses to recognize state laws which contravene the CSA.
This lack of leadership has relegated the federal government to an increasingly irrelevant position as state after
state (now nine) declares open defiance of the Controlled Substance Act. Nevertheless, patients in all fifty states
remain in grave danger of prosecution.
This book, as an exercise in the right of expression protected by the First Amendment of the United States
Constitution, does not intend to break any laws, rather it seeks to inform its readers so that they may remain in
compliance, where possible, with the laws of the land. And, in keeping with fundamental human rights, this
book assumes that anyone, anywhere, who uses Cannabis to control disease symptoms, does so to preserve their
comfort, health or life. This fact, we would advocate, justifies the “medical necessity” defense, a judicial doctrine
that excuses otherwise illegal actions if they were taken to support some greater good. It would seem that the
mitigation of debilitating symptoms falls clearly into the protection of this doctrine since there is virtually no
harm to society caused by a patient’s therapeutic use of Cannabis. Thus, all patients should consider the use of
this doctrine as a defense if they are arrested or prosecuted for Cannabis “crimes.”
Federal prosecutors have not, as of 2001, targeted registrants in the Medical M

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