State v. Syvertson

229 P.3d 624, 234 Or. App. 783, 2010 Ore. App. LEXIS 397

• Court: Court of Appeals of Oregon
• Decided: April 14, 2010
• Docket: C075995CVA, A139128
• Status: Published

Opinion

PER CURIAM

Defendant was convicted of possession of less than an ounce of marijuana. ORS 475.864. He is a resident of California and is authorized under the laws of that state to possess and use marijuana for the treatment of “a debilitating conglomeration of symptoms.” At a pretrial hearing, he argued that the officer who arrested him lacked probable cause once defendant established his status as a lawful marijuana user under California law, because Oregon is required by the Full Faith and Credit Clause of the United States Constitution, US Const, Art IV, § 1, to honor California’s law and permit defendant to possess marijuana in accordance with that state’s laws, and that, by enforcing Oregon law against him, the state violated his right to travel from state to state, guaranteed by the Privileges and Immunities Clause, US Const, Art IV, § 2. The trial court denied defendant’s pretrial motions, and defendant renews his arguments on appeal.

We rejected identical arguments in State v. Berringer, 234 Or App 665, 229 P3d 615 (2010).

Affirmed.