Expiring medical marijuana card and obtaining LTC

jron

jron

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Hello brain trust,

This is not for me I’m am seeking advice for my boss. He has a medical card for marijuana and has been wanting to get a gun for protection.

If he lets his medical card expire what are the chances he would get hung up with applying for an LTC after the lapse of his medical card?

He had explained to me he got the card to save on taxes. I would have done the same but wasn’t risking it, I had my LTC prior to the legalization of marijuana.

Anyone have any experience with this?

(Yes I know it is still technically a crime on a federal level blah blah blah)
 
I'm not a lawyer, but per the letter of the law, I don't think having a Medical Marijuana Card is a disqualifier for obtaining your LTC. The law, even for recreational use, says that possessing and using marijuana within the limits of the law can't subject the person to any sanctions or penalties, and denying an LTC based on a MMC would be a sanction/penalty. I'm not aware of any legal cases that have tested this in either way, though I do know of at least one person who had both an LTC and MMC at the same time. Buying a firearm (from a FFL), on the other hand, requires you to fill out a 4473, and the question about illegal drugs clearly states that regardless of state law, any marijuana use is illegal and a disqualifier for purchasing a gun. It's also been ruled that having a MMC, even if you've never touched marijuana is itself a disqualification for purchasing a gun.

Someone will come along shortly to correct me though.
 
Pete85 said:
Someone will come along shortly to correct me though.
Click to expand...
No, I believe you are correct.

I know more than one person with an MM card that have LTC's. The problem comes when purchasing a firearm. It's that NICS check (National) that is the problem.

I personally don't know any MM card holders with LTC's who have actually tried to purchase a gun. They already have guns and are happy to legally have both their MM card and LTC.

Now that being said I know other people with LTC's that just dropped the MM card once MA legalized weed. The MM card saves you some $$$ and gets you priority but just not worth it IMO, especially if you have an LTC.
 
Coda said:
Now that being said I know other people with LTC's that just dropped the MM card once MA legalized weed. The MM card saves you some $$$ and gets you priority but just not worth it IMO, especially if you have an LTC.
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Agreed. I’m of the belief I’ll just pay the tax then find out the hard way on a renewal or the rules are always changing.
 
The other angle that comes to mind is just because you have a medical card doesn’t necessarily mean you are consuming THC. You can get CBD only products.

Then why the medical card you might ask, well saves you taxes, priority and the medicinal stuff is sometimes cheaper or a different product selection.

I know some people who are even afraid to go into a dispensary 😂
 
jron said:
The other angle that comes to mind is just because you have a medical card doesn’t necessarily mean you are consuming THC. You can get CBD only products.
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Exactly....... For example there are people that got the card to get through chemo that are in remission and are no longer consuming THC. Having a card is not proof you are a regular user.

jron said:
I know some people who are even afraid to go into a dispensary 😂
Click to expand...
Anybody that is serious about their weed has other places to get it at lower cost and higher quality.
 
BigTimber said:
From 2016🤷‍♂️
lawguida.com

Medical Marijuana Cards, LTC’s and Firearms Possession

Federal Law The Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) released a newsletter in 2016 reinforcing its position on the use of medical marijuana. In short, BATFE has determined th…
lawguida.com lawguida.com
Click to expand...
ATF ignored the fact that having a card doesn't mean you're a user.

I have a card, but I don't partake. My card is a caretaker card, but it looks just like a patient card.
 
Shouldn't affect LTC, purchasing from a dealer however....

Question 21F on a 4473.
"Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside."

Answer yes, you're denied. Answer no, you're committing perjury on a Federal form.
 
chopper_man said:
Shouldn't affect LTC, purchasing from a dealer however....

Question 21F on a 4473.
"Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside."

Answer yes, you're denied. Answer no, you're committing perjury on a Federal form.
Click to expand...

True. Maybe I should reach out to Hunter Biden and see how he got away with it then😏
 
What's more important, Saving a few $ on tax when buying weed or not opening the door for them to make you a PP?

As far as lying on 4473 , you have to decided what you're going to do. Just remember weed may be legal in your state but it is still Federally illegal and prohibited.
 
I'd be willing to bet that the Biden administration moves THC products to Schedule III by the end of the year (before the election). Which would make those with a Medical Marijuana card legal to own and possess cannabis federally...
 
alan226 said:
I'd be willing to bet that the Biden administration moves THC products to Schedule III by the end of the year (before the election). Which would make those with a Medical Marijuana card legal to own and possess cannabis federally...
Click to expand...
Zero chance.

He talked about it during the last campaign and as soon as he got into office when questioned about it stated “they were too busy”.

He won’t do it prior he will use it as a tool to get votes first once the polling shows how bad of a chance he has. But then still do nothing about it. People forget he was a major part of the crime bill and drug bills to begin with.

Police unions, prison unions, all the three letter agencies and big pharma don’t want it to happen. And they all have great influence

Marijuana wont be legal on federal level for quite some time unfortunately. Far too many closed minded people out there
 
Amputee Marksman said:
What's more important, Saving a few $ on tax when buying weed or not opening the door for them to make you a PP?

As far as lying on 4473 , you have to decided what you're going to do. Just remember weed may be legal in your state but it is still Federally illegal and prohibited.
Click to expand...

Also something to consider, and I’m not suggesting anybody do it, but the .gov does work for us whether they want to admit it or not.

There’s absolutely no penalty for them lying to us (the same people who’re getting raked over the coals while they get rich on our tax money) on a daily basis; but we, their bosses (allegedly) are then threatened with years in jail if we lie to them.

Go figure. Adult rules apply.
 
Coda said:
Exactly....... For example there are people that got the card to get through chemo that are in remission and are no longer consuming THC. Having a card is not proof you are a regular user.


Anybody that is serious about their weed has other places to get it at lower cost and higher quality.
Click to expand...
I can't speak for MA but I can speak for the ATF and their amazing passion of hating the public.

The ATF has made it clear that simple possession of a medical card is a DQ for reasons. Even if there is ZERO marijuana being purchased or consumed.

I can't remember what state the ATF pushed that one out of its ass but I think it was AZ.

FL has made it clear that medical card holders can have ltcs.

Tldr: the atf behaves exactly how we'd assume.
 
jron said:
Zero chance.

He talked about it during the last campaign and as soon as he got into office when questioned about it stated “they were too busy”.

He won’t do it prior he will use it as a tool to get votes first once the polling shows how bad of a chance he has. But then still do nothing about it. People forget he was a major part of the crime bill and drug bills to begin with.

Police unions, prison unions, all the three letter agencies and big pharma don’t want it to happen. And they all have great influence

Marijuana wont be legal on federal level for quite some time unfortunately. Far too many closed minded people out there
Click to expand...
We'll see. With everything I have been reading online, I believe it is a done deal. They are just waiting for the right time. (like right before 11/6/24)
 
What’s the benefit of a prescription now? That it’s cheaper with a prescription vs adult use because of the taxes?

If so, the discount isn’t worth imo. Just buy for adult use now that it’s available.
 
Dench said:
I can't speak for MA but I can speak for the ATF and their amazing passion of hating the public.

The ATF has made it clear that simple possession of a medical card is a DQ for reasons. Even if there is ZERO marijuana being purchased or consumed.

I can't remember what state the ATF pushed that one out of its ass but I think it was AZ.

FL has made it clear that medical card holders can have ltcs.

Tldr: the atf behaves exactly how we'd assume.
Click to expand...
I'm not fully confident in the FL status right now.

The previous Ag Commissioner in Florida whose office issues CCW, was a dem and before getting elected was a lobbyist for medical MJ. She had stated that med cards and CCW were ok.

The current ag commissioner is a conservative farmer, and I don't think he's weighed in on the issue, but I expect he'd take the opposite position.

When I lived in Colorado they were very clear that medical cards and CCW did not mix- my local sheriff stated on the CCW application that having a med card would lead him to deny a CCW application.
 
caboose84 said:
I'm not fully confident in the FL status right now.

The previous Ag Commissioner in Florida whose office issues CCW, was a dem and before getting elected was a lobbyist for medical MJ. She had stated that med cards and CCW were ok.

The current ag commissioner is a conservative farmer, and I don't think he's weighed in on the issue, but I expect he'd take the opposite position.

When I lived in Colorado they were very clear that medical cards and CCW did not mix- my local sheriff stated on the CCW application that having a med card would lead him to deny a CCW application.
Click to expand...
He probably would flip. Daddy D is also quite anti MJ for reasons.

It hasn't yet, though.
 
Dench said:
He probably would flip. Daddy D is also quite anti MJ for reasons.

It hasn't yet, though.
Click to expand...
I expect they don't want to stir up too much of the pot around MMJ, since recreational weed is on the ballot for November.

If they draw attention to it it might increase the chances of rec passing by a larger margin- I think it will easily pass but it needs >60%.

Assuming rec passes there will be some f***ery about the implementation to mess with it as badly as they've messed with medical.
 

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