Mass Law vs Fed Law Quandry

[Darksideblues42]

I have an acquaintance who openly admits to being addicted to pain meds (he did break his neck in a motorcycle accident, and they are prescribed to him, he just takes the max dose every single day) as well as being a frequent user of Cannabis (Has a Medical Need and permission under the law)

He openly posts about these things on social media, and also about his extensive firearms collection. Federal Law says "An Illegal user" since he is legal under state law, does that matter? Or since federal law says no to Cannabis, he is out of luck. Mass Law says he cannot possess a firearm while under the influence of a host of things, pain medication being one of them

I am curious if he is technically a disqualified individual under Either Mass or Federal Law so I can give him the facts so he can maybe avoid being jammed up (or at least tell him to tone some of the social media posts down to avoid attention)

Any and all input is welcome.

 

[browncoat]

He is federally disqualified for sure due to the cannabis. State law I'm not sure about. He should probably keep a lower profile on social media

 

[browncoat]

Edit to previous post: federally, states allowing Marijuana doesn't make people legal users. It's still a federally prohibited substance.

 

[ochmude]

Federally, he's a prohibited person for firearms and ammunition.

https://www.atf.gov/files/press/releases/2011/09/092611-atf-open-letter-to-all-ffls-marijuana-for-medicinal-purposes.pdf

 

[Len-2A Training]

Federal PP as others state. They don't recognize state laws OK'g MJ use for anybody or any purpose.

 

[Darksideblues42]

That is what I thought, he will scream discrimination if anyone tells him he can't own guns.

Will let him know to tone it down.

 

[Len-2A Training]

That is what I thought, he will scream discrimination if anyone tells him he can't own guns.

Will let him know to tone it down.

Well if the Feds pick up on his posts (or a local contacts the Feds with that info), he'll be in line to get 3 hots and a cot for a stay at Club Fed, all expenses paid vacation.

 

[Rob Boudrie]

Well if the Feds pick up on his posts (or a local contacts the Feds with that info), he'll be in line to get 3 hots and a cot for a stay at Club Fed, all expenses paid vacation.

It's unclear if the feds are actually going after medical MJ users .... though there is definitely risk, especially if they decide this person is someone they want to "get".

 

[ochmude]

That is what I thought, he will scream discrimination if anyone tells him he can't own guns.

Will let him know to tone it down.

As long as he keeps his private life private, it won't be an issue.

Remember: Nobody ever got into trouble by keeping his mouth shut.

 

[Rob Boudrie]

Remember: Nobody ever got into trouble by keeping his mouth shut.

Except, of course, persons under federal grand jury subpoena granted transactional immunity for their testimony.

 

[ochmude]

Except, of course, persons under federal grand jury subpoena granted transactional immunity for their testimony.

touché

 

[Darksideblues42]

Well, I think he may be on the radar as he is also a fanatical member of a motorcycle "club" Nearly every other thing he posts on social media is about his addictions, his cannabis use, or his outlaw club. It would not surprise me if he were on the radar somewhere. I just hate to see someone get jammed up if they are not fully aware of the law. He is the sort of person who would say that because the state said he was legal, that is all there is to it and be totally ignorant of the possible federal implications.

 

[Len-2A Training]

Well, I think he may be on the radar as he is also a fanatical member of a motorcycle "club" Nearly every other thing he posts on social media is about his addictions, his cannabis use, or his outlaw club. It would not surprise me if he were on the radar somewhere. I just hate to see someone get jammed up if they are not fully aware of the law. He is the sort of person who would say that because the state said he was legal, that is all there is to it and be totally ignorant of the possible federal implications.

Some people can't be helped and just have to learn the hard way.

 

[Fixxah]

He may be a spy for the .gov. NSA has to have seen the bs he is spouting.

 

[MisterHappy]

Except, of course, persons under federal grand jury subpoena granted transactional immunity for their testimony.

And Giles Corey.

http://en.wikipedia.org/wiki/Giles_Corey

 

[mark056]

Sometimes it's best to let sleeping dogs lie and just MYOB. Guy is an addict. I doubt seriously he is going to change. You might mention that potentially he could have a problem regarding firearms ownership then drop the subject. You have done your due diligence and you are not your brother's keeper.

Best not to talk too much about gun collections on the Internet to begin with or drug usage, legal or illegal but it is his problem not yours.

 

[Thedub88]

.

 

[Glasgow Grin]

Your friend should sell you his collection. Medical marihuana users are now part of the CJIS database. He's federally disqualified, and when he renews his LTC it will pop up. Then he will be faced with turning them over to the PD.

 

[Darksideblues42]

I had the convo with him, just as I suspected, despite me telling him to watch it so he can stay at home with his family and not get jammed up in a cage.

"I have a medical card, F-ck Authority, I have permission, the ATF and all those b-tches can EABOD, the state says I am good, so the feds can FOAD, they can have them one lead injection at a time"

I feel sorry for his family. I tried.

 

[M1911]

Well, I think he may be on the radar as he is also a fanatical member of a motorcycle "club" Nearly every other thing he posts on social media is about his addictions, his cannabis use, or his outlaw club. It would not surprise me if he were on the radar somewhere. I just hate to see someone get jammed up if they are not fully aware of the law. He is the sort of person who would say that because the state said he was legal, that is all there is to it and be totally ignorant of the possible federal implications.

1) He's TSTL.
2) Stay the heck away from him. Eventually the fecal matter will hit that rotating device and you don't want to be around when it happens.

 

[afeid]

It’s not the feds he has to worry about; As Glasgow Grinstated being a federally prohibited person due to his medical marijuana use thestate can not renew.

 

[Recono]

You can lead a horse to water, but you can't make him drink unless you're a Texan.

 

[Thedub88]

Well, now that this new spending bill ended the federal prohibition of medical marijuana, i think you friend is okay

 

[atilla]

Your friend should sell you his collection. Medical marihuana users are now part of the CJIS database. He's federally disqualified, and when he renews his LTC it will pop up. Then he will be faced with turning them over to the PD.

i'm curious... has this ever happened in MA or other states with permits and medical cannabis laws?

 

[Thedub88]

Well, Like I just said, Its no longer federally prohibited, so........

 

[drgrant]

i'm curious... has this ever happened in MA or other states with permits and medical cannabis laws?

IIRC there are some lawsuits and other stuff going on about this in some other part of the country now. (I seem to recall some sheriffs department or some BS had tried to revoke CCWs based on presence of a medical MJ card). I bet Comm2A has been keeping tabs on this.

-Mike

 

[Len-2A Training]

From http://www.huffingtonpost.com/2014/12/14/congress-medical-marijuana_n_6317866.html

Under the Controlled Substances Act, marijuana is still classified as a Schedule I substance with "no currently accepted medical use," alongside heroin and LSD. Since that doesn't change with the passage of the omnibus package, it's not entirely clear how the protections will work in practice.

I don't read this as "you aren't a PP and you will keep your LTC". Unsure, but it makes it a gray area at best.