Gun Ownership + Medical Marijuana Use: Is it legal?

This guy is a drug dealer taking advantage of the medical marijuana program. He is still under investigation by the sheriff department. He was denied on the background check as he is an admitted user of medical marijuana and the feds do not recognize that. He is gaming the system and has no one to blame but himself for his situation. There are reports that his neighbors would really like to see him gone, buyers coming and going 24/7.

But it sounds like the Sheriff's Office (and probably the feds) would apply this policy to any medical marijuana user - even one who just smoked a joint or two every day for a legitimate reason.

ZachS said:

But it sounds like the Sheriff's Office (and probably the feds) would apply this policy to any medical marijuana user - even one who just smoked a joint or two every day for a legitimate reason.

Click to expand...

The feds would deny anyone who admitted or they had proof of marijuana use as per fed law (Brady Bill I think). I think I read that the prohibition lasts for one year from evidence or admission of use but had not heard that until today. This may not seem fair or right but this guy is not the one for a test case.
There needs to be a way for the feds to recognize legitimate medical use of marijuana but we are not there yet and the program is full of gamers which doesn't help.

I know a guy who had a medical weed card (he didn't grow it or smoke it, but had a card because he lived at an address where it was grown), and he still got his CHL after the sheriff sent him another letter asking if he smokes it.

Not saying I'm for or against legalization of marijuana but we spend way too much money chasing the wrong end of the problem. Pot has never been and will never be a gateway drug and is certainly not a reason to deny a firearm sale.

When was the last time someone committed a violent act while stoned?
I can't believe we haven't gotten past "Refer Madness"...but I digress. I don't smoke pot, for that matter I don't drink alcohol anymore either...but IMO I would be more apt to do something stupid while drunk than grinning on my couch while stoned.

The annual revenue in Cal. from the citrus industry is 1.2 billion a year, the marijuana revenue is 14 billion (what they can surmise)...tax a little of that outlaw weed and who knows, Gov. Terminator may start paying his bills.

Sorry for the rant...but I think this country has bigger fish to fry.

Will

This would be a good test case if it weren't for the fact that it is currently illegal on a federal level. The conflict between the federal law and state law needs to be resolved.

As a person who doesn't not smoke it and doesn't want his kids smoking it, I say legalize it. The damage to society from alcohol is far worse than marijuana. It's time to stop pretending that it isn't socially acceptable when it is everywhere and everyone knows someone that smokes it on a regular basis.

So do all threads end up at weed here too......

willseeker said:

Not saying I'm for or against legalization of marijuana but we spend way too much money chasing the wrong end of the problem. Pot has never been and will never be a gateway drug and is certainly not a reason to deny a firearm sale.

When was the last time someone committed a violent act while stoned?
I can't believe we haven't gotten past "Refer Madness"...but I digress. I don't smoke pot, for that matter I don't drink alcohol anymore either...but IMO I would be more apt to do something stupid while drunk than grinning on my couch while stoned.

The annual revenue in Cal. from the citrus industry is 1.2 billion a year, the marijuana revenue is 14 billion (what they can surmise)...tax a little of that outlaw weed and who knows, Gov. Terminator may start paying his bills.

Sorry for the rant...but I think this country has bigger fish to fry.

Will

Click to expand...

Excellent post!

Trlsmn said:

This would be a good test case if it weren't for the fact that it is currently illegal on a federal level. The conflict between the federal law and state law needs to be resolved.

As a person who doesn't not smoke it and doesn't want his kids smoking it, I say legalize it. The damage to society from alcohol is far worse than marijuana. It's time to stop pretending that it isn't socially acceptable when it is everywhere and everyone knows someone that smokes it on a regular basis.

Click to expand...

Yes, no pot is legal in the feds book, though I doubt this admin will prosecute any states that make it legal, though I suspect they won't make it legal. Maybe if more pot smokers voted, lol.

It depends on the county/sheriff. Some sheriffs check to see if the CHL applicant has a OMMP card and some do not. IIRC, Washington, Jackson and Coos counties are doing so. When I applied for my CHL in feb, I asked and they said that in Lane county they do not check, nor do they care. As far as they are concerned it was an issue of medical privacy and was none of their business.

And no, I do not have an OMMP card, yet.

Nonetheless I decided to get my CHL first before I bothered with the OMMP. They also mentioned that it was likely that marijuana is about to be removed from the schedule 1 list at the federal level altogether, which would make the whole thing moot. With Obama being very upfront about easing federal prosecution of states medical marijuana laws, I tend to believe this claim.

They also pointed out that there are some cases currently pending in Oregon supreme court revolving around sheriffs revoking CHLs after discovering that the person had a OMMP card. So far most that have had the CHLs denied/revoked have won in court:

<broken link removed>

Very interested in this.. I'm a clackamas county resident who's medical card expired in October and I submitted my chl paperwork on march 9th. I'm currently in the process of renewing my card as well. I'll let you all know how this turns out.

Based on many of the hate dripping anti government posts in here I think they should just send gun owners pot in an effort to mellow us the heck out!

We don't hate the government, we just despise the corrupt schmucks running it...

Trlsmn said:

This would be a good test case if it weren't for the fact that it is currently illegal on a federal level. The conflict between the federal law and state law needs to be resolved.

Click to expand...

I totally agree. I have become much more libertarian in the past few years. I wonder how they can justify trying to control marijuana. For the record, I don't use it don't have friends that do. I am just sick of the government putting it's nose where it doesn't belong.

If it doesn't have to do with the security of our nation, what are you doing legislating it? The more liberal side of me says, legalize it and tax the crap out of it. You will get rid of lots of the illegal drug trade and kill the deficit.

bugeye said:

Based on many of the hate dripping anti government posts in here I think they should just send gun owners pot in an effort to mellow us the heck out!

Click to expand...

Faaaar Ouut Man......

Yes, it's true, the aggression factor goes down to "0" when partaking of the this leafy vegetable. Kinda like smoking a good cigar... without all the grinnin'.


Will

bugeye said:

Based on many of the hate dripping anti government posts in here I think they should just send gun owners pot in an effort to mellow us the heck out!

Click to expand...

Although I can't fault the sentiment, I really don't appreciate this kind of off-topic threadjacking. This has been a genuinely interesting discussion. Please go away if you're not interested in contributing.

ZachS said:

Although I can't fault the sentiment, I really don't appreciate this kind of off-topic threadjacking. This has been a genuinely interesting discussion. Please go away if you're not interested in contributing.

Click to expand...

Obviously your not a golfer...

Sorry, had to get that off my chest.

So what is your opinion on this subject? If we are to stay focused on the topic...as Trlsmn said, the federal government does not recognize the states granting of MM cards...in their eyes, possession of canabis is illegal. End of story?...Ipso Facto Pepto Bismol, guns and pot don't mix?

With due respect to OP, the referred to post was not too far off topic, IMO.

This is a great thead Zach and I hope it continues within reach of topic.

Thanks,
Will

willseeker said:

Obviously your not a golfer...

Sorry, had to get that off my chest.

So what is your opinion on this subject? If we are to stay focused on the topic...as Trlsmn said, the federal government does not recognize the states granting of MM cards...in their eyes, possession of canabis is illegal. End of story?...Ipso Facto Pepto Bismol, guns and pot don't mix?

With due respect to OP, the referred to post was not too far off topic, IMO.

This is a great thead Zach and I hope it continues within reach of topic.

Thanks,
Will

Click to expand...

Well, I don't think that mere possession of a MM card is evidence that the holder is a "habitual drug user." It makes that fact likely, but the law doesn't say "likely habitual drug user."

Localities and states should disregard MM cards when doing BG checks and issuing CHLs.