Medical Marijuana and LTCs

[SkydiveGuy]

So how is this all going to fit into the grand scheme of licensing?

Right now if you have a drug charge, as far as I know, you can not get your LTC. But now that medical use of it is going to be legal, how will this work?

Will you be denied a LTC if you have a "prescription" since question #5 on the LTC application specifically says "unlawful use" it sounds like its not going to be an issue since a prescription will be legal use.

From what I understand, though it may be legal for use at the state level, it is still illegal on the federal level.

 

[Len-2A Training]

So how is this all going to fit into the grand scheme of licensing?

Right now if you have a drug charge, as far as I know, you can not get your LTC. But now that medical use of it is going to be legal, how will this work?

Will you be denied a LTC if you have a "prescription" since question #5 on the LTC application specifically says "unlawful use" it sounds like its not going to be an issue since a prescription will be legal use.

From what I understand, though it may be legal for use at the state level, it is still illegal on the federal level.

You understand it correctly.

Sounds like NICS will deny but state won't.

 

[JS870]

Do they take/deny your ltc if your prescribed percocets? I don't see the difference in this.

 

[glide]

The difference is percocets are not illegal on a Fed level with a prescription. Marijuana still is.

You cannot own firearms if you have a medical marijuana card.

 

[deezwho]

question 5 says unlawful use as defined in MGL so the feds are probably irrelevant unless you get arrested by the fbi/dea and go to court, in which case you have to answer yes to a different question

 

[ColdDayInHell]

The difference is percocets are not illegal on a Fed level with a prescription. Marijuana still is.

You cannot own firearms if you have a medical marijuana card.

Correct. I'm sure this question will be asked daily :/


Sent from my POS iPhone

 

[MAGG]

luckily i dont do drugs so its a relief I finally dont have to worry about something haha

 

[jmh992003]

Ahhh but then their is suitability on the state level. Sure it's legal but we can't in good conscious give you a Ltc if you need medical marijuana

 

[Emoto]

Form 4473 asks:

"Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?"

So, the key word, IMHO is "user". Does federal law prohibit the use of marijuana, or merely possession, sale, growing, etc.?

 

[dixidawg]

How would one use it without possessing it?

 

[deezwho]

I stand corrected ... per BATFE:
"Therefore, any person who uses or is addicted to marijuana, regardless of whether his or her state has passed legislation authorizing marijuana use for medicinal purposes, is an unlawful user of or addicted to a controlled substance and is prohibited by Federal law from possessing firearms or ammunition ... you may not transfer firearms or ammunition to them"

http://www.handgunlaw.us/documents/...all-ffls-marijuana-for-medicinal-purposes.pdf

 

[Emoto]

I stand corrected ... per BATFE:
"Therefore, any person who uses or is addicted to marijuana, regardless of whether his or her state has passed legislation authorizing marijuana use for medicinal purposes, is an unlawful user of or addicted to a controlled substance and is prohibited by Federal law from possessing firearms or ammunition ... you may not transfer firearms or ammunition to them"

http://www.handgunlaw.us/documents/...all-ffls-marijuana-for-medicinal-purposes.pdf

There you have it.

 

[dixidawg]

Is that a law or a regulation of the BATFE?

 

[deezwho]

Per the BATFE letter to FFLS as above:
18 USC 922(g)(3) prohibits users of controlled substances from "shipping, transporting, receiving, possessing firearms or ammunition"
18 USC 922(d)(3) "makes it 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 is an unlawful user of or addicted to a controlled substance"

Read the full letter for more details.

 

[glide]

The Feds have already weighed in on the issue of medical marijuana and firearms.

The MA form as it exists now prohibits using it. Not to mention that your LTC could be yanked based on suitability.

So if the real question is 'can I get a mm card in Ma (or ANY state) and still own firearms'? The answer is 100% NO!

 

[Fixxah]

Seems like a pick one deal.

-tapatalk and Devin McCourty blow chunks-

 

[drgrant]

So if the real question is 'can I get a mm card in Ma (or ANY state) and still own firearms'? The answer is 100% NO!

From a practical, on the ground standpoint, you couldn't be more wrong. It depends on whether or not those Medical MJ cards are records viewable by LE or not. I have no idea how MA is going to implement that.

The way it should be, is that its an issue of confidence between the patient and the doctor that produced the card, but given this is MA there is a fat chance of the state not having their fingers in it somehow. What level of privacy they will apply to this information is anyone's guess.

-Mike

 

[kingfisher]

The Feds have already weighed in on the issue of medical marijuana and firearms.

The MA form as it exists now prohibits using it. Not to mention that your LTC could be yanked based on suitability.

So if the real question is 'can I get a mm card in Ma (or ANY state) and still own firearms'? The answer is 100% NO!

Actually, it doesn't seem to be a problem in Oregon.

Supreme Court: Oregon Marijuana Patients Can Keep Their Guns

 

[Emoto]

I will remain a bitter clinger.

 

[yanici]

Actually, it doesn't seem to be a problem in Oregon.

Supreme Court: Oregon Marijuana Patients Can Keep Their Guns

Yeah but in MA "suitability" trumps all laws.

 

[Rob Boudrie]

Yeah but in MA "suitability" trumps all laws.

Except that a MJ civil citation may not be used as the basis for a denial (see MGL 94C/32N).

It's not even clear that MA will have a "Marijuana card" system. Currently, possession of scheduled drugs like oxycodone, percoset, etc. is unlawful without a prescription, and the possession of a prescription or evidence of one in form of a pharmacy label on the bottle, serves as the possession license. If your doc prescribes a narc, you don't have to fill out an application to the state to get a C-II card, you just take the Rx and your ID to a pharmacy.

If MA handles MJ like any other drug, there won't be any central record certifying one as a MJ user, just records in doc's offices and pharmacies (or dispensaries), and no central govt registry of patients. Furthermore, although the LTC application question regarding criminal record is all-encompassing, the drug question is in regards to convictions (and a citation is specifically not a conviction according to 94C/32N).

 

[glide]

Actually, it doesn't seem to be a problem in Oregon.

Supreme Court: Oregon Marijuana Patients Can Keep Their Guns

How does that impact ones ability on a Fed level?

Just like with dispensaries, it may be legal in-state but if they want to shut you down they will.
And if you think they are tough on drugs, how do you think they will be when drugs AND guns are involved?

 

[Squished]

How would one use it without possessing it?

Have someone else hold the doobie while you smoke it.

 

[dcmdon]

The Feds have already weighed in on the issue of medical marijuana and firearms.

The MA form as it exists now prohibits using it. Not to mention that your LTC could be yanked based on suitability.

So if the real question is 'can I get a mm card in Ma (or ANY state) and still own firearms'? The answer is 100% NO!

Ok. I'm just throwing this out to hear what people think. Per the interstate commerce act, if the gun is made in the same state that its used in, the feds have no juristiction.

This is the logic being used in Montana or ND (I can't remember which) were people are making machine guns with no federal registration and the state is backing them up.

So if a S&W or Kahr is made here, has never left the state, then compliance with MA laws would really only be relevant. thoughts?

 

[deezwho]

except that the BATFE can revoke your FFL if they think you are breaking the law.

 

[dixidawg]

Internal possession. My niece got busted for "internal possession of alcohol" in NH when she was 20. Breathalyzer was .03 and she had to go to court.

 

[Gary Slider]

As for getting a Carry Permit/License many states will most likely add that to their application. If they do and you don't tell them you are in violation of the law and not just going to be denied if they want to charge you. The feds may do it also. Don't forget under Obamacare all the medical records are to be computerized and available to all medical professionals. That means our benevolent government will see them also. If they get them all they will also see those on Anti-Depressants and all the other drugs they decide they don't like. Just hope they don't put my Aleve on the list of terrible drugs.

If the made in my state and sold in my state and never leaves the state holds up that has nothing to do with someone in possession of a firearm illegal by federal law. The feds can just charge you as you are in possession of a firearm while taking illegal drugs to the feds. Same with Colorado passing their MJ Law. CO won't charge you with possession but the feds can. They can bust the stores selling it also under federal law if they want to. Will they? I don't know.

One thing I saw the feds do here in West Virginia. About 10 years ago (Maybe shorter or a little longer getting old and time flies) a man and mother burnt down her house and killed her three young children. They did it for insurance. The feds charged them with murder and they stated in court the electric going into the house traveled in Interstate commerce so they could charge them under federal law. It was the Local Fed Prosecutor who wanted all the good press as the news was all over mid WV and it made him look real good. The feds convicted them.

The feds can do about anything they want.

 

[usp45ct]

Do they take/deny your ltc if your prescribed percocets? I don't see the difference in this.

Another difference is Percocets are prescribed by a doctor with a license. Medical marijuana does not need this.

 

[deezwho]

marijuana is schedule 1 -> no accepted medical use.
percocet is schedule 2.

 

[Len-2A Training]

Before everyone worries about this, the Legislature must implement the will of the people (or not . . . remember the question on lowering the income tax, how did that work for you?).

How they handle that (if they indeed do) and hand off regulations to some state department (likely under MGL C. 94C, my guess is EOPS) will likely determine the effect (if any) on LTCs.

As far as the feds go, matters not, all medicinal MJ users become Fed PPs, no exceptions. Will they actively go out and prosecute? Who knows!

If enough states allow for medical MJ, perhaps the Congress might entertain a change to the law legalizing it for medicinal purposes in the future?

As for other drugs, if your chief/LO DEMANDS to know what meds you take (I've heard of this, but no specific knowledge) and you tell them, they certainly can use it (even legal Rx for percocet, anti-depressants, etc.) to deny on suitability and I would have every expectation that a MA court would uphold that decision.

Time will tell!