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Gun owner denied CPL for legally using marijuana

Discussion in 'Legal & Political Archive' started by John H, Jun 11, 2014.

  1. John H

    John H Whatcom County Well-Known Member

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    http://www.komonews.com/news/local/...ouble-for-pot-using-gun-owners-262630831.html

    Komo got this wrong

     
  2. mkwerx

    mkwerx Forest Grove, OR Well-Known Member

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    Yeah I thought Washington was shall-issue meaning that if you pass the background - they gotta issue the permit. The sticky point being that MJ while legal on a state basis in Wa is still illegal on a federal level - thus she's still a user of an unlawful controlled substance and either lied, or admitted to her "crime" (for one, I'm all for legalizing and taxing and treating it like other legal mind altering substances).

    Also - I thought CPLs were issued by the Sheriff and not the local cops up there, like it is down here in Oregon?
     
  3. JSJPDX

    JSJPDX East Portland Gold Supporter Gold Supporter

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    Absolutely right, they did get it wrong from a factual standpoint, but it fit their agenda pretty well. The one thing that I think is correct though is that this will have to be decided by a federal court and with two states now having made MJ legal it will have to be sooner rather than later.

    The one thing that really bothered me though was two local sheriffs citing federal law for their reasons for denial rather than state law. Seems to me that my local sheriff should be enforcing local state law and let the feds enforce federal law.
     
  4. John H

    John H Whatcom County Well-Known Member

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    But the question is phased " illegal use ".

    Feds can't say medical MJ is illegal, when they have their own program.
     
  5. DeanfromOregon

    DeanfromOregon Wilsonville Amateur Ascended Master Platinum Supporter

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    I thought an Oregon county already went all the way to SCOTUS on this one regarding the Oregon Medical MJ card and lost. That one was probably and ADA issue since it was a "medical" card. This will get fun.
     
  6. rodell

    rodell Newcastle, WA Active Member

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    WA permits are issued by your local agency, and the sheriff. I get mine from the local city police to avoid going downtown to the sheriff's office.
     
  7. Norm0931

    Norm0931 Hillsboro, OR Sgt. Sheep Silver Vendor 2016 Volunteer

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    http://www.tokeofthetown.com/2012/01/supreme_court_oregon_marijuana_patients_can_keep_t.php

    Sheriff tried to uphold a denial, but SCOTUS refused to hear it. Therefore case law says in Oregon medical Marijuana card + CHL + guns = #1 A-OK.
     
  8. PiratePast40

    PiratePast40 Willamette Valley Well-Known Member

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    My software found a virus from that site. Try this one: http://www.opb.org/news/article/us-high-court-declines-oregon-pistol-pot-case/

    Keep in mind that this is Oregon and the OP is talking about Washington. And yes, this has come up several times about the sheriff and police chiefs in the tri-cities area.
     
    Nick Burkhardt likes this.
  9. RicInOR

    RicInOR Washington County Bronze Supporter Bronze Supporter

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    The issue is far from settled, and I'll expect we see some cases have to go to the federal circuit courts.
     
  10. DeanfromOregon

    DeanfromOregon Wilsonville Amateur Ascended Master Platinum Supporter

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    I think back to the drinking at age 18 thing. When the fed really wanted to impose it's will they just withheld federal highway funds.

    I think they should do the same thing with states that legalize weed. If weed is to be legalized, then deregulate it at the federal level first so the states can be free to do as they wish.

    Right now the Feds are simply ignoring that two states are operating outside of federal law. If anything comes out as a big defining achievement of Barry O's administration it would have to be the results of selective enforcement of the law of the land. This passive aggressive tactic has now been proven to have absolutely zero consequences.
     
  11. PiratePast40

    PiratePast40 Willamette Valley Well-Known Member

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    It's more than just two states. I believe it's up to 22 now with others having medical marijuana on the ballot this November.

    I've been pretty vocal about local law enforcement making up their own laws to suit their opinions so no need to go there again. Back to the topic of the original post, hard to tell if Washington will even bother to address the issue since pot is now legal for everyone, not just those with a MM card.
     
  12. Certaindeaf

    Certaindeaf SE Portland Well-Known Member

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    I guess at AR15.com they've banned a ton of people over even hinting that they smoke dope. I've never been a member there due to the odd sign up requirements.
     
  13. rick benjamin

    rick benjamin USA, Or, Damascus Secure the drama Silver Supporter 2016 Volunteer

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    My Dad was an aircraft pilot most of his adult life.
    As he aged, his doctor prescribed medications for him to take that the FAA ruled were bad for pilots.
    He eventually had to surrender his ticket. Sure loved flying.

    Truck drivers have similar contra-indications on their licenses.

    I queried "effects of consuming marijuana".
    Signs and symptoms appear to contra-indicate responsibly driving, operating machinery, CC firearm, making critical decisions, Law Enforcer.
    I underlined and italicized signs/symptoms that would affect my hand-eye-decision loop.

    This is from WebMD
    Physiological Effects of Marijuana
    The active ingredient in marijuana is THC (delta-9-tetrahydrocannabinol).

    THC is rapidly absorbed after smoking pot. Within minutes, THC and the other substances in marijuana smoke cause short-term medical effects.

    Signs of using marijuana include:
    • Rapid heart rate
    • Increased blood pressure
    • Increased rate of breathing
    • Red eyes
    • Dry mouth
    • Increased appetite, or "the munchies"
    • Slowed reaction time
    These effects are reduced after three or four hours. However, marijuana hangs around in your system for as long as a month after smoking. The lingering effects mean you're impaired for several days to weeks after the high wears off.

    Psychological Effects of Marijuana
    According to the National Institute on Drug Abuse, the main effects of marijuana on mood vary and may include euphoria, calmness, anxiety, or paranoia. Getting high or "stoned" is the reason most pot smokers use marijuana.

    Other short-term psychological effects of pot include:
    • Distorted sense of time
    • Paranoia
    • Magical or "random" thinking
    • Short-term memory loss
    • Anxiety and depression
    These psychological signs of using pot also generally ease after a few hours. But residual effects can last for days.

    Risks of Marijuana Use
    The risks of smoking marijuana go up with heavy use. Although the link has never been proven, many experts believe heavy pot smokers are at increased risk for lung cancer.

    Heavy marijuana use lowers men's testosterone levels and sperm count and quality. Pot could decrease libido and fertility in some heavy-smoking men.

    Contrary to what many pot smokers may tell you, marijuana is addictive, at least psychologically. Even among occasional users, one in 12 can feel withdrawal symptoms if they can't get high when they want to. Among heavy pot smokers, the rates of dependence are higher.

    Many experts also believe that marijuana is physically addictive. Symptoms of withdrawal from pot might include:

    • Aggression
    • Anxiety
    • Depressed mood
    • Decreased appetite
    Some guys partied hard before reporting to Boot camp.
    They figured they'd get clean within a week.
    First official day (T1) at MCRD we were drug-tested.
    When we returned from the range and BITS (2 months) the parti-dudes were soundly trounced for testing positive for drugs, and were told this was their one warning. Another positive and they were out.
     
  14. John H

    John H Whatcom County Well-Known Member

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    That is BS, it is only active for a few hours, after that it may be in your system for awhile but you are not under the influence .

    WebMD, part of the Medical industrial complex, that prefers you get hooked on Big Pharm :mad:
     
    cookie likes this.
  15. DeanfromOregon

    DeanfromOregon Wilsonville Amateur Ascended Master Platinum Supporter

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    You're right for the casual user, but once a person hits the need for the wake and bake level of use you rewire your brain so you don't feel normal unless you're high. With a chronic user (lol) the depression resulting from withdrawal and detoxification can take 18 months. You rewire your circuitry. You aren't under the influence, but you are affected. Everyone is affected differently.

    Did you ever see the episode of Taxi when Rev. Jim took his first hit? It's not like that but that was pretty funny in a refer madness kind of way.
     
    Last edited: Jun 12, 2014
  16. John H

    John H Whatcom County Well-Known Member

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    Well true, if someone is smoking everyday there will be issues, but is it really any different then the chronic user of alcohol.
     
  17. DeanfromOregon

    DeanfromOregon Wilsonville Amateur Ascended Master Platinum Supporter

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    With booze the physical dependence is gone in a 3-6 days and any depression you are left with is usually the same one you started with. Heavy THC exposure rewires your neural pathways so it is really apples and oranges when it comes to the length of detox.
     
  18. PiratePast40

    PiratePast40 Willamette Valley Well-Known Member

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    So, let me recap this thread. It's about medical marijuana and a sheriff deciding that he would rather interpret and enforce federal law instead of the law in the state in which he was elected. Again, it's medical marijuana we're talking about. Anyone who has legitimate experience with a loved one with a chronic pain condition knows full well long term effects and lack of efficiency of opiates. So it sounds like some would rather see people on opiates, even though their effectiveness is minimal and many peoples bodies have rejected them, than see them use medical marijuana.

    There are absolutely abusers, just as there are abusers of other medications. But don't lump legitimate patients and abusers together and say that they are not deserving of their second amendment rights.
     
    BDA.45 likes this.
  19. Riot

    Riot Benton County, Washington Well-Known Member

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    It was the Chief of Richland PD, not the Sheriff
     
  20. pdrake

    pdrake WA Active Member

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    Riot is local, so understands the politics. For the OR forum members here, the issue is actually quite complicated. WA is an open carry state (any non-prohibited citizen can open carry, almost anywhere/anytime). Concealed carry is on a "shall issue" basis, meaning the local LE authority (city police or county sheriff) must issue the CPL within 30 days of application, unless denied for cause. In this case, the woman admitted use of an illegal substance, so was disqualified. Richland is square in the heart of conservative America; I am not at all surprised by this result. Richland's next door neighbor (Kennewick) just a few days ago decided not to permit any marijauna related businesses under the new law (rightful discretion under zoning laws). While the more liberal majority forces through changes in laws (decriminalization of MJ is one, but so is gay marriage, etc.) deemed unacceptable to rural and/or conservative WA, cities in the conservative belt will resist for quite a long time.

    This was completely predictable. For the medical MJ user who wants to exercise her/his 2A rights, well, I have no good advice for you. I would never lie on an application. Darned if you do, darned if you don't. Sorry. Life sucks sometimes.