Medical marijuana registry and federal gun laws (Washington)

[WALawyer]

A new optional medical marijuana registry recently went into effect in Washington state. The problem with this is ATF considers anyone who has a medical marijuana authorization as an unlawful user of a controlled substance prohibited from possessing firearms under 18 USC s 922(g)(3). Voluntarily putting your name on a medical marijuana registry if you take advantage of the Second Amendment may result in some unforeseen circumstances.

I have a full write-up on this over on my blog: Medical Marijuana Registry May Be Pitfall to Gun Owners (https://www.kertchenlaw.com/blog/washington-states-new-medical-marijuana-registry-may-be-serious-pitfall-to-gun-owners/)

I did not see any rules prohibiting the sharing of a link to a personal blog. If I'm in violation, please let me know and I will take it down. Thanks.

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[Stomper]

Don't do drugs, drugs are bad. M'kay?!

 

[PaulB47]

Don't do drugs

...and if you do, don't tell the government.

The black market seems like a better bet to me. Or grow your own... Anyway can't Washingtonians just travel to Oregon to buy pot in a shop, without having to deal with some registry? I'm not up on the pot laws; it's been a long time since I smoked.

 

[oknow]

nuff said

 

[PaulB47]

I thought that was your brain on alcohol.

 

[Joe13]

I could be wrong as this isn't first hand info but I was told by an aquantence that when you show ID at rec stores that it goes into a registry.

I don't use rec or med pot but it seems plausible.

At the rate it's going, every state will have rec pot stores and the Feds will still keep it as a schedule 1 drug while holding the only patent for medical pot.

 

[v0lcom13sn0w]

id much much rather be around someone who just smoked a J instead of someone who just drank a bottle of booze.

just sayin'

 

[WALawyer]

I could be wrong as this isn't first hand info but I was told by an aquantence that when you show ID at rec stores that it goes into a registry.

No, the registry is optional.

 

[PiratePast40]

In Oregon, they have matched medical marijuana cards with the NICS database. Every person in Oregon that has a medical marijuana card and tried to buy a gun has been arrested and they're all serving prison terms. Doors are being kicked in and more arrests are being performed as we speak. Same with Colorado and all 25 of the states with legal MM. Or not!

 

[Doc In UPlace]

All it would take to fix this is for DEA to remove MJ from it's schedule. It could conceivably be done in a day, couldn't it, with no action from Congress?
If there were an Olympic Medal for stupid, I think this situation would at least qualify for a bronze.

 

[Logan Wilson]

I could be wrong as this isn't first hand info but I was told by an aquantence that when you show ID at rec stores that it goes into a registry.

I don't use rec or med pot but it seems plausible.

At the rate it's going, every state will have rec pot stores and the Feds will still keep it as a schedule 1 drug while holding the only patent for medical pot.

Negative, when you show your id thats it just a flash to verify you are 21.... no first hand expierence

 

[Joe13]

Negative, when you show your id thats it just a flash to verify you are 21.... no first hand expierence

I'll take everyone's word for it. I don't plan to try it out for curiosities sake.

 

[therealhitman]

id much much rather be around someone who just smoked a J instead of someone who just drank a bottle of booze.

Only true until they eat all yer Oreos!

 

[WALawyer]

All it would take to fix this is for DEA to remove MJ from it's schedule. It could conceivably be done in a day, couldn't it, with no action from Congress?
If there were an Olympic Medal for stupid, I think this situation would at least qualify for a bronze.

No, "marihuana" is actually listed in the United States Code in Schedule I. 21 USC s 812.

 

[PiratePast40]

I'm a little disappointed that a lawyer would write a blog without actually looking at what is happening in other states. With the exception of the Kettle Falls Five, there doesn't seem to be much ATF interest in attacking individuals with state authorization to use medical marijuana.

 

[Stomper]

Negative, when you show your id thats it just a flash to verify you are 21.... no first hand expierence

STONER!!!



Hide yer Doritos from the munchie-maggot!!!

 

[DONOTBUGME]

Why do you need a prescription in WA? It's legal to buy without a prescription and stay off a list. Prices are not that much different. The legal stores only check ID to verify age. so I heard...

 

[Hawaiian]

I am a product of the sixties. When OR legalized the sale of MJ for recreational use I had to see it for myself. So, I went to a pot store down the street to check it out. I was still in disbelief that I could legally walk into a store and buy pot. They took my DL and scanned it before letting me into the 'selling room'. It was a pretty cool experience. NO, I did not buy anything as I stopped smoking pot 40 years ago. I like booze and the two mixed together are bad juju. But I still had to see it for myself for nostalgic sake.
That said, I have bought a firearm since then, so I assume I was not entered into any data base.
The WA county Sheriff here in OR denied a medical MJ user a CHL. On appeal, the Sheriff lost. However, that is state law. The Federal law still prohibits the sale of a firearm to a user of illegal drugs which MJ still is under Federal law. So, you can get a CHL in OR if you are a user of medical MJ, but you are prohibited by Federal law from buying a firearm if you truthfully answer the questions on the 4473 form.

 

[WALawyer]

Why do you need a prescription in WA? It's legal to buy without a prescription and stay off a list. Prices are not that much different. The legal stores only check ID to verify age. so I heard...

It's an authorization, not a prescription, and you don't need it. However, people on the optional registry can purchase and grow higher quantities than those not on the registry.

 

[PaulB47]

Every person in Oregon that has a medical marijuana card and tried to buy a gun has been arrested and they're all serving prison terms.

Is this sarcasm? Or do you have anything to back it up? I never heard anything like that.

With the exception of the Kettle Falls Five, there doesn't seem to be much ATF interest in attacking individuals with state authorization to use medical marijuana.

This sounds more believable to me. Although it is not to say that ATF are not saving this information for a rainy day. The Obama admin. is not going too hard after pot smokers after all, but R presidents typically do. (Kinda makes me wonder why Obama does not kick marijuana off the list of dangerous drugs - I suppose it would be against his religion to actually do something good once. What would the R's in Congress have to say or do against it? Re-issue "Reefer Madness"? The guy is a lame duck. - But then, the ruling class loves their War on Some Drugs. It doesn't have to make sense to us. Obama serves the oligarchy.)