Appeals court upholds ban on gun sales to medical marijuana card holders

[Slapps74]

Can't they just do a buy back program for the smokers, just offer them cheeseburgers Cheetos and snickers bars because they satisfy.

With out the MMJ they won't need that stuff. Coming from a state that has legalized it and regardless of how the law reads, I personally don't care to have anyone who is high for legal or medicinal purposes running around with a firearm.

I have an friend of a friend who has stage 2 cancer and has a medical card. In no way shape or form would I feel safe with her having a firearm when she is stoned.

Just my $.02

 

[Renegade]

I personally don't care to have anyone who is high for legal or medicinal purposes running around with a firearm.

Well it has been illegal for almost 50 years. But like most gun laws, it is hard to enforce. And of course, high on legal drugs is still legal.

 

[Mike1234567]

With out the MMJ they won't need that stuff. Coming from a state that has legalized it and regardless of how the law reads, I personally don't care to have anyone who is high for legal or medicinal purposes running around with a firearm.

I have an friend of a friend who has stage 2 cancer and has a medical card. In no way shape or form would I feel safe with her having a firearm when she is stoned.

Just my $.02

Not all MMJ get's people stoned. The types that are high in CBD content but ultra-low in THC content don't make people high.

 

[Slapps74]

Not all MMJ get's people stoned. The types that are high in CBD content but ultra-low in THC content don't make people high.

Agreed, however, do you not think that it would impair a persons judgement to some level?

 

[Mike1234567]

Not all MMJ get's people stoned. The types that are high in CBD content but ultra-low in THC content don't make people high.

Agreed, however, do you not think that it would impair a persons judgement to some level?

I don't know but from what I've read, no the ultra-low THC MMJ doesn't impair those taking reasonable amounts. There are MMJ products with high THC content and yes, those will impair judgment and motor control.

Here's one link... http://www.leafscience.com/cannabinoids/cbd/effects-cbd/

 

[Recoil45]

Let's see what the Federal Law says and see if the ruling is supported by an actual reading of the law:

922d:

(d)It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—

(3)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));

The dis-qualifier is "unlawful user of or addicted". Nowhere does it say if you have a state issued card for MJ you are are DQ. Possession of the card itself is irrelevant under Federal Law. All that matters under Federal Law is if you are an"unlawful user of or addicted". As long as you are not an "unlawful user of or addicted", you can possess firearms. Thus it is an incorrect reading of the law, and another example of legislating from then bench.

How is one a legal MJ user under federal laws?

They can't be, there is no exemption for medical MJ under federal law. The justice department even had to issue a policy statement saying they would not enforce federal laws in states where it will now be legal under state laws. Choosing to not enforcing a law does not make it legal.


http://m.huffpost.com/us/entry/3837034

"A Justice Department official said that Holder told the governors in a joint phone call early Thursday afternoon that the department would take a “trust but verify approach” to the state laws. DOJ is reserving its right to file a preemption lawsuit at a later date, since the states’ regulation of marijuana is illegal under the Controlled Substances Act."

"After recreational marijuana initiatives passed in Washington and Colorado in November, President Barack Obama said the federal government had “bigger fish to fry” and would not make going after marijuana users a priority."

 

[Bithabus]

His point is that mere possession of a MJ card does not per se prove MJ use.

How is one a legal MJ user under federal laws?

They can't be, there is no exemption for medical MJ under federal law. The justice department even had to issue a policy statement saying they would not enforce federal laws in states where it will now be legal under state laws. Choosing to not enforcing a law does not make it legal.


http://m.huffpost.com/us/entry/3837034

"A Justice Department official said that Holder told the governors in a joint phone call early Thursday afternoon that the department would take a “trust but verify approach” to the state laws. DOJ is reserving its right to file a preemption lawsuit at a later date, since the states’ regulation of marijuana is illegal under the Controlled Substances Act."

"After recreational marijuana initiatives passed in Washington and Colorado in November, President Barack Obama said the federal government had “bigger fish to fry” and would not make going after marijuana users a priority."

 

[benenglish]

His point is that mere possession of a MJ card does not per se prove MJ use.

It's amazing how many people are overlooking that point.

 

[Recoil45]

So we're saying they actually need to buy weed 1st? Or we need to wait for them to buy weed and post a video of them rolling and smoking it? If they did post such a video how do we know they didn't substitute oregano for the actual weed and didn't actually unlawfully smoke the weed under federal law.

 

[Renegade]

So we're saying they actually need to buy weed 1st? Or we need to wait for them to buy weed and post a video of them rolling and smoking it? If they did post such a video how do we know they didn't substitute oregano for the actual weed and didn't actually unlawfully smoke the weed under federal law.

For the umpteenth and last time, the law says in order to be DQ'd from firearms you must be an "unlawful user of, or addicted to". It is not that hard. You either are or not.

 

[peeps]

How can they prove you're addicted or not?

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[Saltyag2010]

Is anyone surprised by this?

No

 

[Saltyag2010]

How can they prove you're addicted or not?

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Do crack a few times a day and see if you can do without weed to focus funds on crack. Foolproof.

 

[Bithabus]

So we're saying they actually need to buy weed 1st? Or we need to wait for them to buy weed and post a video of them rolling and smoking it? If they did post such a video how do we know they didn't substitute oregano for the actual weed and didn't actually unlawfully smoke the weed under federal law.

Some CHL holders don't own any firearms

 

[benenglish]

So we're saying they actually need to buy weed 1st?

Not exactly. Bought or given, they need to actually use it. In this case, there was no evidence of use.

Some CHL holders don't own any firearms

And some duck stamps are bought by philatelists.

Just because someone has a medical MJ card doesn't mean they've used. It's a good indicator but it's not proof. Without proof, denial of a firearms sale (especially in this case where the plaintiff says she got the card as a political statement and not to smoke pot) is trampling all over the concept of due process.

Question - Does anybody know how the gun shop knew she had a medical MJ card? It would help to understand if the woman revealed it as another political act or if the NICS is already wired into the state medical databases

 

[Texas42]

For the umpteenth and last time, the law says in order to be DQ'd from firearms you must be an "unlawful user of, or addicted to". It is not that hard. You either are or not.

Chronic opiate users are dependent and tolerant, definitions of addiction. Are their gun rights suspended too?

 

[Younggun]

With out the MMJ they won't need that stuff. Coming from a state that has legalized it and regardless of how the law reads, I personally don't care to have anyone who is high for legal or medicinal purposes running around with a firearm.

I have an friend of a friend who has stage 2 cancer and has a medical card. In no way shape or form would I feel safe with her having a firearm when she is stoned.

Just my $.02

I feel the same about people who have alcohol in their house. I don't want drunk people running around with guns and would prefer that alcohol use be a disqualifier for gun ownership.




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[Hoji]

How is one a legal MJ user under federal laws?

They can't be, there is no exemption for medical MJ under federal law. ."

Not exactly correct.

http://www.cbsnews.com/news/4-americans-get-medical-pot-from-the-feds/

 

[ROGER4314]

The Federal 4473 form asks: "Are you an unlawful user of, or addicted to marijuana or any depressant, stimulant, narcotic drug or any other controlled substance?"

"Unlawful user of" is all encompassing. It's pretty clear!

Flash

 

[Recoil45]

I think people here are getting hung up on having actual proof of being a unlawful user. They don't need a blood test to determine that.

This case has made it through two court challenges already. I highly doubt SCOTUS picks it up and I feel the drug will be rescheduled before they do anyway.