WA Medical Marijuana vs Concealed Carry Permit

[RicInOR]

Instapundit » Blog Archive » SO THIS IS ALL JUST A DEVILISHLY CLEVER PLAN TO DISARM THE HIPPIES, THEN: Got a state medical marij?


"A Richland medical marijuana patient recently applied for a Concealed Pistol License, but was denied by police.

Medical marijuana is legal under Washington state law, but the federal government won’t make an exception for that when it comes to getting a Concealed Pistol License."

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[Riot]

The notice specifically quotes 18 USC 922 (g) (3)

a person who is an unlawful user of or who is addicted to a controlled substance

Obviously if the state allows it, they are a lawful user...in fact, the DOJ has publically stated they will not challenge state legalization laws. So that leaves the "addicted to a controlled substance part". If marijuana is used as a medical prescription, then the arguement is is that it is not any worse than a prescription of Oxycodone.

I have my own opinions about Marijuana and people using it "medically". Obviously it has been known to work for Cancer/AIDS patients to keep food down, manage pain and even maintain a healthy weight so I am not even going to try to knock its medical benefits. However, it seams that people are misusing it and finding excuses to get it prescribed...but that's another matter entirely.

The City of Richland is reaching. I would honestly like to know where this is stemming from...the Governor? The Mayor? The Chief? It's nobody's business, but your own, what medication you take or why you take it. That is between you and your doctor. There is no reason why they should deny someone's permit, simply because "they have a Marijuana card."

*edit*

By the way, this is the link to the actual report, not a blog...

http://www.nbcrightnow.com/story/24...juana-patient-denied-concealed-pistol-license

 

[Don H]

I guess I am kinda confused. CPL's are a state issue so what does the Federal law have to do with it?

I think the issue is that according to Federal law, someone who uses a controlled substance can not own a firearm. So, if you can't own a firearm you can't get a CPL because a CPL implies that you are legally allowed to own a firearm. At least I think that is their rationale.

 

[Nwcid]

I think the issue is that according to Federal law, someone who uses a controlled substance can not own a firearm. So, if you can't own a firearm you can't get a CPL because a CPL implies that you are legally allowed to own a firearm. At least I think that is their rationale.

That is not what Federal law says. Otherwise anyone on pain meds would have to turn in their guns.


Here is what the law actually says, 18 U.S. Code § 922 - Unlawful acts | LII / Legal Information Institute

(g) It shall be unlawful for any person—
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;

As Riot states (the reason I deleted my post, he covered it better) the state is REALLY pushing the limit on it since according to WA state law the Medical Marijuana user is NOT an "unlawful user".

 

[Don H]

That is not what Federal law says. Otherwise anyone on pain meds would have to turn in their guns.

Sorry, I didn't word that correctly. I certainly agree the state is pushing but what else is new? I was just trying to guess at their 'logic.'

 

[Riot]

Sorry, I didn't word that correctly. I certainly agree the state is pushing but what else is new? I was just trying to guess at their 'logic.'

It's the state of Washington trying to be a little bit pregnant. Either you are or you're not, there is no in between. Either marijuana is an illegal substance or it's not...either it's an authorized "medical product" that can be misused like Oxycodone or it's the same as Cocaine...there is no in-between and that's exactly the issue we have here.

 

[Chee-to]

Medical marijuana cardholders can't be denied concealed gun license solely because they use pot, Oregon Supreme Court rules | OregonLive.com

Sue them.............

Medical marijuana cardholders can't be denied concealed gun license solely because they use pot, Oregon Supreme Court rules.

 

[44mag2ndamend]

Its the whole Guns and Drugs thing, If you were in office, and issues permits, what would you do?

CYA.

 

[Certaindeaf]

So you need a card to smoke dope up there? I thought they passed a law to sell it to recreational users.

 

[deen_ad]

Medical marijuana cardholders can't be denied concealed gun license solely because they use pot, Oregon Supreme Court rules | OregonLive.com

Sue them.............

Medical marijuana cardholders can't be denied concealed gun license solely because they use pot, Oregon Supreme Court rules.

Which means nothing in this case since it's in WA.


Deen
NRA Life Member, Benefactor Level
Defender of Freedom Award
NRA Recruiter
Second Amendment Foundation Member
Washington Arms Collectors Member
Arms Collectors of SW Washington Member

"A gun is like a parachute. If you need one and don't have it, you'll probably never need one again!"

 

[deen_ad]

That is not what Federal law says. Otherwise anyone on pain meds would have to turn in their guns.


Here is what the law actually says, 18 U.S. Code § 922 - Unlawful acts | LII / Legal Information Institute

(g) It shall be unlawful for any person—
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;

As Riot states (the reason I deleted my post, he covered it better) the state is REALLY pushing the limit on it since according to WA state law the Medical Marijuana user is NOT an "unlawful user".

Under FEDERAL LAW they are deemed to be an illegal user of drugs even if legal under state law.


Deen
NRA Life Member, Benefactor Level
Defender of Freedom Award
NRA Recruiter
Second Amendment Foundation Member
Washington Arms Collectors Member
Arms Collectors of SW Washington Member

"A gun is like a parachute. If you need one and don't have it, you'll probably never need one again!"

 

[Riot]

Its the whole Guns and Drugs thing, If you were in office, and issues permits, what would you do?

CYA.

What would I do? I wouldn't issue permits at all...in fact, I would make my National Guard base host open ranges every month to show proper, safe handling of firearms FOR FREE. I would even invite militia units to train with the National Guard.

1) People shouldn't pay anything to the state to exercise a God-given, Constitutionally-protected right.
2) The state should have its own militia (separate from the federal government) which comprises of the whole of the people. Remember that whole "well regulated" part that Liberals like to throw in our faces every gun-control debate? That doesn't mean they regulate the firearms and the people to BB-guns and sling-shots, that means they train them to be as proficient and as armed as the standing, Regular Army...but the only way to do that is to have a state-ran facility for state protection (i.e. a Washington State Guard).


As stated before, when you open up the Pandora's Box of letting the government run things- it turns into a PRIVILAGE instead of a RIGHT. What's the difference? PRIVILAGES can be taken. RIGHTS have to be waived and voluntarily forfeited.

 

[Riot]

Under FEDERAL LAW they are deemed to be an illegal user of drugs even if legal under state law.

Bo-ya

Under the new guidelines, federal prosecutors are required to focus on eight enforcement priorities, including preventing marijuana distribution to minors, preventing drugged driving, stopping drug trafficking by gangs and cartels and forbidding the cultivation of marijuana on public lands.

The guidelines, issued by Deputy Attorney General James Cole, have been months in the making and took on some urgency after citizens in Colorado and Washington approved the ballot measures last fall. Nineteen states and the District of Columbia allow some legal use of marijuana, primarily for medicinal purposes.

The attorney general told the Washington and Colorado governors that the Justice Department will work with the states to craft regulations that fall in line with the federal priorities, and reserves the right to try to block the laws if federal authorities find repeated violations.

No federal challenge to pot legalization in 2 states - CNN.com

 

[Rotty]

I'm thinking try again in a year. The legalization of MJ is fairly recent. My opinion is that MJ is no worse than alcohol or pain med's. I'll bet no one has challenged this in court yet or hounded the politicians enough to amend the current laws and local policies.

 

[pchewn]

Just because you have a medical MJ card does not mean you are addicted to or using MJ. I think they would have to prove use or addiction... (Not purchasing, not permission to own, not possession, but USE or ADDICTION).

 

[duane black]

Just because you have a medical MJ card does not mean you are addicted to or using MJ. I think they would have to prove use or addiction... (Not purchasing, not permission to own, not possession, but USE or ADDICTION).

My first thought as well.

A valid medical marijuana card is about as indicative that someones uses marijuana as a valid drivers license is indicative you drive.

We are talking about USE here, not ability, and the burden of proof should be on chief asshat when he is denying someones constitutionally protected civil right.

If challenged, I believe Richland would lose. Lets not forget the interesting implications the legalization at the state level would bring to the case, being a CPL is issued by the state and all.

Then of course there is the case in Oregon.. I am near positive we would get a similar outcome here, before we legalized it for recreational use.

Sounds like the Richland PD Chief is a Richard. Not too bright either.

 

[evltwn]

Sheriff Winters lost in four separate legal venues all the way up to the Supreme Court trying to deny a medical marijuana card holder a cc permit down here in Jackson county a couple of years ago.
i

 

[Chee-to]

Which means nothing in this case since it's in WA.


Deen
NRA Life Member, Benefactor Level


Defender of Freedom Award
NRA Recruiter
Second Amendment Foundation Member
Washington Arms Collectors Member
Arms Collectors of SW Washington Member

"A gun is like a parachute. If you need one and don't have it, you'll probably never need one again!"

Maybe that's why I said "SUE THEM".......................

 

[PiratePast40]

Looks to me like it's a simple case of a police officer making up his own laws. If we use his theory, then everyone in the state of Washington would be barred from having a permit because pot is legally available to anyone.

This has nothing to do with a cop being too conservative or covering his behind. It's about a cop making up the laws to fit his personal beliefs.

And were is the protection of HIPPA in this case?

 

[DeanfromOregon]

And were is the protection of HIPPA in this case?

The HIPPAS were the ones that voted to legalize it in the first place!