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LTC and buying dispensary marijuana (not medical)

Kevin_NH

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Except that the gov't exempts itself from the "can't share personal info" rules/laws/regs.

And if dispensaries are saving data to ensure that someone does not buy more than the legal limit per time interval, then they are storing data, period!!
M-CCC doesn't mandate tracking of sales-per-consumer in order to comply with the daily limit in M.G.L. c. 94G, § 7, but generic multi-state dispensary software does have that option if they want to turn it on. Same goes for scanning ID -- nothing in MA state law requires IDs to be "scanned", much less be stored or sent anywhere, whether the gov't or otherwise:
MGL c.94G § 9 (b) said:
(b) Any licensee, or agent or employee thereof, under this chapter who reasonably relies on a liquor purchase identification card issued pursuant to section 34B of chapter 138, or on a motor vehicle license issued pursuant to section 8 of chapter 90, or on an identification card issued under section 8E of said chapter 90, or on a valid passport issued by the United States government, or by the government, recognized by the United States government, of a foreign country, or a valid United States issued military identification card, for proof of a person's identity and age shall not suffer any modification, suspension, revocation or cancellation of such license, nor shall the licensee, agent or employee suffer any criminal liability, for delivering or selling marijuana or marijuana products to a person under 21 years of age. Any licensee, or agent or employee thereof, under this chapter, who reasonably relies on a liquor purchase identification card issued pursuant to said section 34B of said chapter 138, or an identification card issued under said section 8E of said chapter 90, or a motor vehicle license issued pursuant to said section 8 of said chapter 90, for proof of a person's identity and age shall be presumed to have exercised due care in making such delivery or sale of marijuana or marijuana products to a person under 21 years of age. Such presumption shall be rebuttable.
That'd be pretty ballsy, buying edibles by showing your military ID.
 

HuntMaine

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Basically one of my GF coworkers had mention to her that if you had purchased marijuana from a dispensary then i wouldn’t be able to obtain a LTC or purchase a gun in that matter. Only reason she had mentioned something to my GF was because she was told by 3 other people that she knows that, that would be the case for herself and I was curious.
Dispeneries check your ID at the door and unless you have a medical card how are they tracking you? They cannot accept CCs
 

vicorjh

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Ya know, it is considered a weed. Probably easy enough to grow while avoiding the whole ID thing. :cool:

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If you used your license at a deispensary and there is a record of it u are lying on a 4473. This is just my opinion. Maybe a lawyer can get around the “unlawful user” part on the form. Good luck.
 

Kevin_NH

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If you used your license at a deispensary and there is a record of it u are lying on a 4473. This is just my opinion. Maybe a lawyer can get around the “unlawful user” part on the form. Good luck.
Would be lying even if there weren't a record of it. OTOH, when have the feds ever bothered to prosecute anybody for lying on a 4473?

I'll take even odds that if the Senate doesn't do it legislatively, POTUS unilaterally reschedules marijuana at the start of the 2022 house/senate campaigns.
 

Greg

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What would the problem be ? I know a gun owner that sometimes buy legal pot needles in the form of gummies because sometimes his boyfriend wants to take one to help with falling asleep because it's much better than synthetic drugs.

Broke no laws and doesn't use the pot needles himself and therefore would not be lying on a 4473.
 

fshalor

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So basically i wouldn’t be able to purchase a gun if i had purchased MJ from a dispensary?

What happens in the scenario where I had bought MJ in the past but no longer indulge in the the devil’s lettuce? Am i permanently unable to purchase a gun?

I view it more as..
Once you A have an LTC and B. Have subsequently purchased MJ from a Registered and Tracked dispensary, on a MJ medical card, or for personal casual use. You can then never C. Purchase a weapon on a @4473 form.

There is no real blocker legally that I am aware of to FTF transfer. Efa-10s did not, last time I checked, have the same logic as 4473's drug notice and question.

Then again, just not doing the efa-10 is fairly easy to forget to do. The penalties for oppsies on that are wildly different compared to lie on a ClubFed wants Your Butt form.

Maybe not today, but maybe in near future, an MJ purchase on record could sneak in as a DNQ fail. Just look at where in MA systems the registry(cough..okay the transfer log) and license data are kept? Right along side criminal records.

Mj use will violate parole for a lot of people. I wouldn't be surprised to see the purchase network go federal if and when feds legalize MJ.

Do you have any faith in ATF getting that transitioned right?

If you swiped your ID and credit card one time for MJ, I would hold off on buying any new firearms until the fed level is sorted out.
 
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Explain slowly for me, if I buy weed at a dispensary, how exactly would I be lying on a 4473 ?
Please review question 11e on form 4473. Which is the form you fill out when you purchase a firearm. Please let me know what your opinion is. IANAL but to me the OP might have a problem with being on record for the purchase of marijuana and he is now a “unlawful user”. Also, make sure you read the last sentence of question 11e very closely.
 

Greg

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Please review question 11e on form 4473. Which is the form you fill out when you purchase a firearm. Please let me know what your opinion is. IANAL but to me the OP might have a problem with being on record for the purchase of marijuana and he is now a “unlawful user”. Also, make sure you read the last sentence of question 11e very closely.
I was looking at multiple forms online for 11E thinking I was looking at an old form lol It's 21E.

Anyways I read it again to see if I missed something..

The last sentence is just reinforcing common knowledge about the federal legality of pot needles.

The question we are answering on 21E would be "no" if you aren't /addicted/unlawful use of etc because that is all it is asking us. It is not asking if we have ever "used or possessed" the devils lettuce.

Its all stupid anyway.. If they are doing this for weed, it should be the same question on the 4473 for alcohol.
 
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I view it more as..
Once you A have an LTC and B. Have subsequently purchased MJ from a Registered and Tracked dispensary, on a MJ medical card, or for personal casual use. You can then never C. Purchase a weapon on a @4473 form.
Not true as to "never". The 4473 question asks:

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.

Note it asks "Are you", not "Are you or have you ever been". I think the BATFE standard for "are" is within 6 months.
 
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Please review question 11e on form 4473. Which is the form you fill out when you purchase a firearm. Please let me know what your opinion is. IANAL but to me the OP might have a problem with being on record for the purchase of marijuana and he is now a “unlawful user”. Also, make sure you read the last sentence of question 11e very closely.
Is buying it proof that one is using it personally?

I know the Kittery Trading Post has signs warning they will not sell you a gun if the know you have a medical MJ card.
 

bauer

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If you used your license at a deispensary and there is a record of it u are lying on a 4473. This is just my opinion. Maybe a lawyer can get around the “unlawful user” part on the form. Good luck.
A good lawyer might be able to successfully argue this is exclusively proof of purchase, not use?

🤷‍♂️

Edit: looks like Rob Boudrie beat me to the thought
 

Wickedcoolname

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I wouldn't step into one of those stores if you value your LTC... Especially when you can grow it legally and under the radar - if one was so inclined...
We grew six plants last summer and culled out 4 males. The two remaining females gave us a net of 14 Mason jars of skunky green buds.
I no longer partake, but my buddies are loving it. Why pay all that money and taxes when growing it is a piece of cake?
 

Greg

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We grew six plants last summer and culled out 4 males. The two remaining females gave us a net of 14 Mason jars of skunky green buds.
I no longer partake, but my buddies are loving it. Why pay all that money and taxes when growing it is a piece of cake?

If I smoked, that's what I would do.

Looks kinda cool to grow as well, the science of producing killer buds.
 

Wickedcoolname

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If I smoked, that's what I would do.

Looks kinda cool to grow as well, the science of producing killer buds.
It was fun. Growing was easy. Drying, trimming and curing was the tricky part. But I have an experienced friend who gave me some guidance, so we were able to tweak the final product with good results.
I think this year's crop will be even better.
 
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Is buying it proof that one is using it personally?

I know the Kittery Trading Post has signs warning they will not sell you a gun if the know you have a medical MJ card.
Great question! All I do know is you have to show your drivers license for every single transaction that you make at the pot store.
 
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I was looking at multiple forms online for 11E thinking I was looking at an old form lol It's 21E.

Anyways I read it again to see if I missed something..

The last sentence is just reinforcing common knowledge about the federal legality of pot needles.

The question we are answering on 21E would be "no" if you aren't /addicted/unlawful use of etc because that is all it is asking us. It is not asking if we have ever "used or possessed" the devils lettuce.

Its all stupid anyway.. If they are doing this for weed, it should be the same question on the 4473 for alcohol.
Yes, 21e! Lol.. f***in iPhones😂.. So I guess the question would be are you the unlawful user of the marijuana that you purchased with your drivers license at the dispensary in a state where it’s legal. Given how the ATF has been really going full retard lately could be interesting. Paging our firearms attorneys on here please.
 
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The feds asking the 4473 weed question is like you asking your wife if she cleans the lint trap every load. You expect to be lied to 95% of the time, you're just setting someone up for a big "I told you so."
 
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