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EMERALD STEEL FABRICATORS, INC. v. BOLI OF LABOR AND INDUSTRIES

(BOLI 3004; CA A130422; SC S056265).

230 P.3d 518 (2010)

348 Or. 159

EMERALD STEEL FABRICATORS, INC., Petitioner on Review, v. BUREAU OF LABOR AND INDUSTRIES, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided April 15, 2010.

Attorney(s) appearing for the Case

Terence J. Hammons, of Hammons & Mills, Eugene, argued the cause and filed the brief for petitioner on review.

Janet A. Metcalf, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With her on the brief were John R. Kroger, Attorney General, and Erika L. Hadlock, Acting Solicitor General.

Paula A. Barran, of Barran Liebman LLP, Portland, filed the brief for amicus curiae Associated Oregon Industries.

James N. Westwood, of Stoel Rives LLP, Portland, filed the brief for amici curiae Pacific Legal Foundation and National Federation of Independent Business. With him on the brief was Deborah J. La Fetra.

KISTLER, J.

The Oregon Medical Marijuana Act authorizes persons holding a registry identification card to use marijuana for medical purposes. ORS 475.306(1). It also exempts those persons from state criminal liability for manufacturing, delivering, and possessing marijuana, provided that certain conditions are met. ORS 475.309(1). The Federal Controlled Substances Act, 21 U.S.C. § 801 et seq., prohibits the manufacture...

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