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What this is all boiling down to is a states rights issue. In Washington, we have determined that the use of marijuana, both medically and recreationally, is legal. However, it is still illegal at the federal level. Period. Firearms use and possession is still regulated primarily by the federal government. Drug enforcement is still primarily carried on with the DEA at the federal level. The current administration has shown a propensity to ignore certain laws. I emphasize ignore! Ignoring a law does not make it go away. What happens when they suddenly decide to enforce the law?

A couple of years ago, the Montana state legislature passed a law that would exempt Montana residents from any federal laws pertaining to firearms purchases. It was a narrowly written law, as you had to be a legal resident of the state, purchasing firearms made in the state of Montana, strictly for use in the state of Montana. The feds smashed that down with the beloved "Commerce Clause".

As far as I am concerned, this whole thing is an engraved invitation for both recreational users and medical card holders to get on a list. I do not know how many of you are in either category, but I can assure you I do not care. I am keeping my nose clean in strict accordance with both state and federal law. That in itself is getting harder and harder to do on a good day with so many "laws" muddying the waters. This is an attorneys' paradise.
What this is boiling down to is states that allow it period are not going to allow residents to be legal gun owners or cwp/cpl holders perhaps without UA's. I wonder if the State workers unions will protect their employees outside of corrections etc.
 
The Mayor of DC now wants to decriminalize maryjane. Since that position is subject to the congress, this might prove interesting. Should the feds start allowing use of the substance, then it would bring up the legality of asking about it on hand gun purchases.
 
What this is boiling down to is states that allow it period are not going to allow residents to be legal gun owners or cwp/cpl holders perhaps without UA's. I wonder if the State workers unions will protect their employees outside of corrections etc.

The union issue has been a topic of discussion for years. The current thought is that even if it's legal in the state, it's not appropriate in the workplace. It's treated the same as alcohol or drugs that may affect judgment. It's not the substance itself that's the issue, it's impairment and it's affect on performance and safety. Determining the level of impairment is the real key here. We have standards available for alcohol in the form of blood alcohol level. MJ is a little different in that the tests aren't as specific or accurate. With MJ, you can still have some traces in your system even though the impairment affect is gone.

My experience with security clearances and fitness for duty standards is that it's simply not allowed. One of the key deciders is the judgment of the person knowingly possessing or ingesting a substance that they know could end their career. If the person has little regard for their career and livelihood, how could they be trusted with the safety of surrounding people and equipment?

But isn't that the same argument we're using in our fight for 2A rights? We argue that it's not "the thing" that's the issue. It's the individual and how they use "the thing".
 
<Why there aren't any school shootings in Israel! Teacher with long gun slung over her shoulder!!!

Doesn't have to be "challenged", it's already a law even if the Feds refuse to enforce it the State can still use the Federal law against users.


Deen
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"A gun is like a parachute. If you need one and don't have it, you'll probably never need one again!"
 
Doesn't have to be "challenged", it's already a law even if the Feds refuse to enforce it the State can still use the Federal law against users.

While that is a correct assessment about ability of any in-state agency (state police, sheriffs, city police) to enforce federal law, I'm not quite sure what you meant in regards to that CNN article, since it's talking about the states that will not enforce Federal law and passed laws contrary to the Federal law. A better question is what is the power (or constraints on power) of Sheriffs and Chiefs in such situation. On one hand, there is no state law that bans MJ in those states, and perhaps even some language to the contrary. On the other hand there is a Federal law that prohibits it, and LEOs can enforce it if they choose to. Would WA AG prosecute some Sheriff who goes after potheads using the Federal law ?

P.S. I read it you haven't seen my message to you regarding teachers in Israel ? ;)
 
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).
Exactly.

No more than having a CWP means that you have a concealed firearm on you at any given time, or even that you have any firearms at all.
 
Exactly.

No more than having a CWP means that you have a concealed firearm on you at any given time, or even that you have any firearms at all.

Just because you have an empty beer bottle on the passenger seat doesn't mean you are driving drunk. It is still a PC, and can lead to discovery of that dead hooker in your trunk.
 
However, if you are on prescription painkillers, and you are not operating machinery, then most employers won't have problems with that - assuming it does not affect your work.

There is a grower in Colorado IIRC that is developing a strain of marijuana that doesn't have the more narcotic/hallucinatory components of conventional marijuana. Beyond that, there are infusion methodologies for using marijuana so that users get a measured dosage, which is much harder to accomplish when you smoke or eat it. Growers and sellers are also working towards growing and selling standardized potencies so that medical marijuana can be used more safely by those who truly need it for medical conditions.

I have a family member who has a medical condition where medical marijuana could be prescribed - but at this point that person does not want or need it - yet. That person has firearms and would benefit from a CWP, in part due to the medical condition.

I agree it isn't fair to single out someone who uses or just has a prescription for medical marijuana anymore than it would be to single me out because I have prescription painkillers in my medicine cabinet (I rarely use them, and I don't drive or operate machinery when I do).
 

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