medical marijuana question

[awshoot]

This is probably a big "NO" unless there is a newer 9th Circuit case since 2016:

9th Circuit Says Medical Marijuana Cardholders Have No Second Amendment Rights

Citing "a strong link between drug use and violence," the appeals court says it's reasonable to stop patients from buying guns.

reason.com

Link to case: FindLaw's United States Ninth Circuit case and opinions.

EDIT: It does not appear to have been appealed further, so it is precedent (law): Docket for S. Wilson v. Loretta E. Lynch, 14-15700 - CourtListener.com

 

[awshoot]

Here's the executive summary from the Wilson case I link to above:

Plaintiff-Appellant S. Rowan Wilson acquired a Nevada medical marijuana registry card. She then sought to purchase a firearm, but the firearms dealer knew that Wilson held a registry card. Consistent with a letter issued by the Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF"), the dealer refused to sell Wilson a firearm because of her registry card. Wilson sued, challenging the federal statutes, regulations, and guidance that prevented her from buying a gun. The district court dismissed Wilson's complaint, and Wilson appealed. We affirm.

 

[awshoot]

I am not a lawyer either, this is my opinion only.
Since marijuana is illegal at the Federal level I would say the correct answer to the "Are you an illegal user...??" question on a Federal form (4473) is "yes".
Since the CWP/CHL application is a state form and has absolutely no Federal involvement, and since marijuana is considered legal at the state level the correct answer for that form would be "no".

I see what you're saying, but the same Federal law that makes marijuana users inelligable to purchase a gun, makes it a crime for them to posses a firearm and/or ammunition. So technically, it sounds like it may be possible to have a CPL at the state level, but never be able to use that license to carry a gun.

 

[CountryGent]

There are many, many FFLs who give bad advice. I would not ask any FFLs for legal advice.

^ This. Though, candidly, the regulations aren't all that difficult to understand, I've seen shockingly bad advise dispensed by a lot of FFLs over the decades.

 

[Nick Burkhardt]

No.

 

[Nick Burkhardt]

 

[wired]

According to the ATF if you are a user of marijuana even if your state allows it you are an anlawful user. Federal law is Federal law.

https://bloximages.newyork1.vip.townnews.com/tulsaworld.com/content/tncms/assets/v3/editorial/3/42/3421b79c-db69-5dd9-9ef6-4460c63cc203/5b34ce371cd70.pdf.pdf

 

[Hawaiian]

The Washington County Sheriff's Department in Oregon denied a CHL to a person who held a medical marijuana card. The OR courts overruled him. So in Oregon, a medical user can have a CHL, but they are still prohibited under Federal law from purchasing a firearm.

 

[wired]

The Washington County Sheriff's Department in Oregon denied a CHL to a person who held a medical marijuana card. The OR courts overruled him. So in Oregon, a medical user can have a CHL, but they are still prohibited under Federal law from purchasing a firearm.

Or owning a firearm.

 

[4Freedom]

I have a family member who has a medical card (doesn't like opiods) she is on the registry but wants a cwp. I told her to not answer 'yes' on the portion of her form that asks if she is addicted to marijuana, which she is not. Can the state (Washington) deny her cwp for having the medical authorization? I have called the local sheriff's office and the attorney general's office and neither can answer the question. Because she is a registered medical marijuana patient, will that affect her? Any info is appreciated. Thanks Blindpig

If you live in a state with legal recreational cannabis and desire to own and carry firearms, it makes little sense to obtain a medical permit. Not worth the discounts you receive from the weed shops for being put on the radar screen.

My answer is that yes, she is violating Federal Law. In the state of Oregon or Washington (which are two rare exceptions, CO it violates state law), she may not be violating the state law, but she is violating Federal law. Lying on any federal form is a felony in theory. Of course, the federal government hasn't gone around prosecuting people because of this. It's kind of like the armed security guards you see at weed shops in Colorado, are in theory, protecting a drug house (MJ is Class I drug, as bad as heroin, worse than meth by Fed standards) with weapons according to Federal law. In theory, that is a felony, in itself, and they are doing in open and with the blessing of law enforcement in the state.

With that being said, I actually talked to a former FBI agent who was a firearm trainer for one of my legal courses and he told me that the only real time the government will actually prosecute you is if you commit another serious crime (that they actually will imprison or punish you for) and then they will stack on the marijuana charges in addition to whatever charges you have or may even use it in a plea situation. Still, having a medical card could be grounds for denying your firearm purchase, even if you say you don't use it. Those records can sometimes be obtained by the government. Depends on the state.

 

[awshoot]

Or owning a firearm.

Or ammunition.

 

[CharlesNichols]

The lawful use of marijuana under state law does not make it lawful under Federal law. There is a boatload of 9th circuit case law on this. Check out Google Scholar, click on the 9th circuit court of appeals and enter your keywords such as medical marijuana firearm.

Open Letter to all Federal Firearms Licensees dated Sept. 21, 2011,

 

[Knebel]

So what's "reasonable close to present time" a day, week, month year?

 

[Flymph]

So what's "reasonable close to present time" a day, week, month year?

Couple hours I guess

 

[gmerkt]

"Are you an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any other controlled substance?"

Warning: The use or possession of marijuana remains unlawful under Federal law
Regardless of whether it has been
Legalized or decriminalized
For medicinal or recreational purposes in the state where you reside.

I don't see a lot of interpretation in these words. I do take note of the "are you" phrase.

there's no way to know outside of your words

Which should be honorable. But completely agree there is no practical enforcement. See further comments at last quote, below.

Again, its asking if you are "RIGHT NOW" an unlawful user. Medical card or not shouldn't matter. Answer truthfully.

"Are you" and "were you" could be two different things. If you smoked pot in Vietnam 50 years ago, that's definitely a "were" but not an "are."

it makes little sense to obtain a medical permit.

The medical permit in Washington state seems obsolete to me. Prior to full state legalization, the medical card was a "pass" but doesn't serve much purpose now. Federally, completely meaningless until the law is changed. Which it probably will be in the not too distant future if the "other party" prevails.

he told me that the only real time the government will actually prosecute you is if you commit another serious crime (that they actually will imprison or punish you for) and then they will stack on the marijuana charges in addition to whatever charges you have or may even use it in a plea situation.

Completely agree this is likely the case.

I don't smoke weed and I wouldn't given the chance because federal law says I can't buy another gun if I do. No matter how slight the chance of getting caught, I'm not gonna do it. One of my daughters believes in the pain relieving properties of cannabis products. She has offered to provide some to us. I declined, I didn't want cannabis products of any kind in my home which already contains firearms.

 

[TTSX]

My personal opinion is to err on the side of caution and just assume firearms = no THC and just leave it at that

 

[Kruel J]

My personal opinion is to err on the side of caution and just assume firearms = no THC and just leave it at that

I get high with a little help from my friends.

 

[wired]

Yes. No using firearms while using THC. Or alcohol for that matter. Wouldnt be prudent.

 

[Kruel J]

I've always thought that all drugs should be legalized. Let nature take its course.

 

[HA556]

I'm just glad there isn't a question about my medicinal hooch!