By Emily Wood
 
July 28, 2010
 
MEDFORD, Ore. - Jackson County Sheriff Mike Winters is asking the Oregon Supreme Court to review whether medical marijuana cardholders can carry a concealed handgun permit.
 
Winter denied Cynthia Willis a gun permit in 2008 on the grounds that the permit violated federal laws that prohibit drug users from legally owning guns, citing the federal Gun Control Act of 1968 as the legal basis of his decision.
 
In June, the Oregon Court of Appeals ruled that Winters had no grounds to deny the permit. The court found that Willis complied with state law in her application, and rejected the sheriff's arguments.
 
Meanwhile, the Hemp and Cannabis Foundation says Title 21, Section 903 of the United States Code states that Oregon law trumps federal law, giving Willis the right to own a gun.
 
"He's wasting public resources. The Federal Controlled Substance Act says clearly that state laws take precedent to federal drug laws, and the appeals court has already ruled against him and hes just wasting public resources by taking this to the Oregon Supreme Court," said Paul Stanford with the Hemp and Cannabis Foundation.
 
Winters, who filed his appeal Wednesday, was not available for comment. Nor was NewsWatch 12 able to reach Willis, who owns and operates the Medical Marijuana Patient Services Smoke Shop on McAndrews Rd. in Medford.