The Oregonian reported that Wednesday's ruling overturned a decision by Circuit Judge Suzanne Upton in the case of 45-year-old James Ellis. He was arrested in June 2010 by Washington County sheriff's officers for investigation of driving under the influence of intoxicants.
Ellis was acquitted of the charge in April 2011 and asked the judge for the return of the small amount of hashish that deputies seized.
Ellis' attorney, Leland Berger, argued that hashish is "usable marijuana" under the Oregon Medical Marijuana Act.
During a hearing before the appeals court, counsel for the Oregon attorney general conceded that hashish fell within the definition of usable marijuana.
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