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Anybody else happy marijuana is legal in MA?

I really don't mean to beat a dead horse bringing up the 4473 on an already long thread, but a "yes" on question 11e only prohibits the purchase or receipt of a firearm, not possession. This is explicitly stated on the form. Even the new form still delineates that 11e refers to purchase and receipt, but not possession (in fact, even more explicitly so, because it states that other questions do refer to possession).

Given this, wouldn't a firearm owner be able to smoke as long as they do not expand their collection (or quit and then purchase)?
 
voidoid said:
I really don't mean to beat a dead horse bringing up the 4473 on an already long thread, but a "yes" on question 11e only prohibits the purchase or receipt of a firearm, not possession. This is explicitly stated on the form. Even the new form still delineates that 11e refers to purchase and receipt, but not possession (in fact, even more explicitly so, because it states that other questions do refer to possession).

Given this, wouldn't a firearm owner be able to smoke as long as they do not expand their collection (or quit and then purchase)?
Click to expand...

maybe....but even more to the point a smoker is able to buy as many guns as he wants as long as he quits smoking pot before trying to buy the gun and does not start smoking again until after the transaction is complete since it asks "are you a user of...?"....."well no, not now."
 
Something I was wondering:

- Federal law provides additional severe penalties for the use or possession of firearms in a drug crime
- MJ remains federally prohibited
- Security is going to be a big concern for both retail and go operations

Will MJ vendors and growers avoid all use of armed security because of the federal gun/drug sentence enhancements?
 
Rob Boudrie said:
Something I was wondering:

- Federal law provides additional severe penalties for the use or possession of firearms in a drug crime
- MJ remains federally prohibited
- Security is going to be a big concern for both retail and go operations

Will MJ vendors and growers avoid all use of armed security because of the federal gun/drug sentence enhancements?
Click to expand...

http://ironprotectiongroupsecurity.com/marijuana-industry/

not much info ?
 
Rob Boudrie said:
Something I was wondering:

- Federal law provides additional severe penalties for the use or possession of firearms in a drug crime
- MJ remains federally prohibited
- Security is going to be a big concern for both retail and go operations

Will MJ vendors and growers avoid all use of armed security because of the federal gun/drug sentence enhancements?
Click to expand...


From what I have heard /read, in CO, state law enforcement have openly "looked the other way" at the presence of armed guards. It's certainly illegal under federal law.

Here in MA, come January when the legislators come back from break, we are going to see an attempt to make major changes to the law including: banning edibles, banning home growing, and pushing back the retail date by 3 or more years. Weed will be legal, but you won't be able to buy or grow it (legally). The chances of these changes being made is probably 50/50 chance. So much fir the will of the people.
 
Mass-diver said:
From what I have heard /read, in CO, state law enforcement have openly "looked the other way" at the presence of armed guards. It's certainly illegal under federal law.

Here in MA, come January when the legislators come back from break, we are going to see an attempt to make major changes to the law including: banning edibles, banning home growing, and pushing back the retail date by 3 or more years. Weed will be legal, but you won't be able to buy or grow it (legally). The chances of these changes being made is probably 50/50 chance. So much fir the will of the people.
Click to expand...


I agree that MA will try to make changes, might be a good opportunity to team up with marijuana crowd and give them a heads up/share our issues with MA politicians [pot]
 
Rob Boudrie said:
Something I was wondering:

- Federal law provides additional severe penalties for the use or possession of firearms in a drug crime
- MJ remains federally prohibited
- Security is going to be a big concern for both retail and go operations

Will MJ vendors and growers avoid all use of armed security because of the federal gun/drug sentence enhancements?
Click to expand...

In Colorado several companies actually formed around the premise of providing armed security details to marijuana establishments. [thinking]

Here's an example of one such business: http://www.bluelineprotectiongroup.com/

As a non-lawyer, I would think that even those hired security companies/ workers could face potential liability if they were knowingly facilitating marijuana sale/ distribution and feds decided to enforce relevant federal laws.
 
Knob Creek said:
Not sure how they are going to work out testing for driving under the influence on this one.
Click to expand...

Necessity is the mother of invention. Someone will come up with a roadside test and make bank selling it to PDs. They'll have to come up with something to differentiate between just having it in your system and actually being under the influence.

Maybe waving a bag of Doritos under the driver's nose will be enough.
 
Knob Creek said:
Not sure how they are going to work out testing for driving under the influence on this one.
Click to expand...

The same way they already establish driving under the influence of anything except alcohol: proving, through testing, a driver's physical impairment.

I maintain that they should have to meet the same burden for alcohol, too. And "unsafe speed" as well!
 
voidoid said:
I really don't mean to beat a dead horse bringing up the 4473 on an already long thread, but a "yes" on question 11e only prohibits the purchase or receipt of a firearm, not possession. This is explicitly stated on the form. Even the new form still delineates that 11e refers to purchase and receipt, but not possession (in fact, even more explicitly so, because it states that other questions do refer to possession).

Given this, wouldn't a firearm owner be able to smoke as long as they do not expand their collection (or quit and then purchase)?
Click to expand...


To answer my own question, while the 4473 only refers to purchase/receipt and not possession, 18 USC S922(g)(3) does specifically prohibit possession by unlawful users. So until 18USC S922(g)(3) is changed, MJ is still a federal no-go for gun owners.
 
Not surprisingly, the globe is reporting what many of us have suspected: the legislators will likely ban home growing and push back the opening of shops indefinitely.

I felt strongly that home growing would never fly in a state like MA. All of the relevant legislators said they would specifically target this part of the law. I expect that in several years (2019-2020ish), you will see a couple shops open that will sell extremely expensive weed, but overall, it was clear even before the vote, that the legislators would go against the will of the people.

While my job and love of firearms would have prevented me from partaking, I'm disgusting (as usual) with our state legislators.
 
EC1 said:
So pot's "legal" in MA. It doesn't stop employers from giving drug tests and screening out users. The federal government can still charge you with a crime. plus I don't think I want any bus drivers, CDL drivers, train engineers, pilots, police or firemen using it, because if anything goes wrong and they detect THC there will be law suites ad nauseum.
Click to expand...
The DOT drug tests are still federally required, so CDL drivers in MA still can't smoke.
 
Marijuana and Armed Citizens

...if you keep a firearm for personal protection, and use it while possessing marijuana, you may escape criminal liability on a state level, but you may face prosecution in federal court for “use of a firearm during the commission of a drug offense.”
<http://armedcitizensnetwork.org/marijuana-and-armed-citizens>

Marijuana and Armed Citizens
by N. Brian Hallaq, Esq.
 
...if you keep a firearm for personal protection, and use it while possessing marijuana, you may escape criminal liability on a state level, but you may face prosecution in federal court for “use of a firearm during the commission of a drug offense.”
<http://armedcitizensnetwork.org/marijuana-and-armed-citizens>

Marijuana and Armed Citizens
Click to expand...
This also means that MJ grow operations and dispensaries cannot have armed security except, perhaps, if they hire police details. In fact, they could prosecute if the person taking the MJ money to the bank was armed.
 
Rob Boudrie said:
This also means that MJ grow operations and dispensaries cannot have armed security except, perhaps, if they hire police details. In fact, they could prosecute if the person taking the MJ money to the bank was armed.
Click to expand...

All sorts of criminal organizations hire police details, so this isn't a new thing.
 
Rob Boudrie said:
This also means that MJ grow operations and dispensaries cannot have armed security except, perhaps, if they hire police details. In fact, they could prosecute if the person taking the MJ money to the bank was armed.
Click to expand...

In CO (or Denver at least), cops are not allowed to serve as security even if they are off duty. However, the state government has decided to "look the other way" and allow private, armed non-LEO security.

It will be an issue here in MA to some degree, but really most shops aren't going to be any more attractive targets than liquor stores, gas stations and banks.
 
Mass-diver said:
In CO (or Denver at least), cops are not allowed to serve as security even if they are off duty. However, the state government has decided to "look the other way" and allow private, armed non-LEO security.

It will be an issue here in MA to some degree, but really most shops aren't going to be any more attractive targets than liquor stores, gas stations and banks.
Click to expand...
As to the first point - it will give the feds total ability to prosecute any of these armed security who shoot someone across socioeconomic/political lines.

I disagree on the second. Banks have a relatively small amount of $$ available; extensive security; federal involvement in an investigation; etc. Getting away with a bank job is rare. Liquor stores do not (usually) sell product worth hundreds an ounce, nor is it possible to walk off with thousands in merchandise in a single trip when burgling a liquor store.
 
Rob Boudrie said:
Liquor stores do not (usually) sell product worth hundreds an ounce, nor is it possible to walk off with thousands in merchandise in a single trip when burgling a liquor store.
Click to expand...

People don't rob or burgle liquor stores for the product (those are called "shoplifters"); liquor stores get robbed for the cash on hand.
 
KBCraig said:
People don't rob or burgle liquor stores for the product (those are called "shoplifters"); liquor stores get robbed for the cash on hand.
Click to expand...
My point exactly. It is easier for a liquor store to keep cash on hand to a small amount (drop safes, increasing use of debit cards, etc.) that for a MJ store to keep only a few hundred $$ in inventory out. Many gun and jewelry stores move their inventory to safes at closing time; I know of no liquor stores that do that.
 
I wish it came sooner, I've never used it and can't even stand the smell of it, but my sister who passed away several months ago from ALS could have used it and could not get it legally.
 
Wendell said:
...if you keep a firearm for personal protection, and use it while possessing marijuana, you may escape criminal liability on a state level, but you may face prosecution in federal court for “use of a firearm during the commission of a drug offense.”
<http://armedcitizensnetwork.org/marijuana-and-armed-citizens>

Marijuana and Armed Citizens
by N. Brian Hallaq, Esq.
Click to expand...

This is a highly speculative statement as is most of the article.
 
Rob Boudrie said:
As to the first point - it will give the feds total ability to prosecute any of these armed security who shoot someone across socioeconomic/political lines.

I disagree on the second. Banks have a relatively small amount of $$ available; extensive security; federal involvement in an investigation; etc. Getting away with a bank job is rare. Liquor stores do not (usually) sell product worth hundreds an ounce, nor is it possible to walk off with thousands in merchandise in a single trip when burgling a liquor store.
Click to expand...

Stuff is like $20 an gran, dispensaries probably have less than 10k worth of merchandise on hand and it's all divided into jars and container. I think most dirtbags are more interested in cash than high end pot that once you mix it probably isn't even worth much of the black market.

Not saying these place aren't a target, but it's not like they have 100k of product just there for the taking.
 
This is a highly speculative statement as is most of the article.
Click to expand...
Although I have not verified the cases he cites, the author does provide examples of persons prosecuted for "gun in the commission of a drug crime" for MJ users.

- - - Updated - - -

Mass-diver said:
Stuff is like $20 an gran, dispensaries probably have less than 10k worth of merchandise on hand and it's all divided into jars and container.
Click to expand...
What about the grow/package places?
 

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