Medical Marijuana card and 2A

ironpony · May 24, 2019

Abulg1972 said:
I would argue that there's already a carve-out for holders of a medical marijuana card. Section 13-3313(a)(1) of the Health-General Article of the MD Code provides that a qualifying patient may not be subject to arrest, prosecution, or any civil or administrative penalty . . . or be denied any right or privilege, for the medical use of or possession of medical cannabis."

That seems pretty clear to me that a gun owner cannot be stripped of his or her right to own/possess/use that gun on account of being a card holder, nor can he or she be prohibited from owning/possessing/using a gun that he/she acquired after obtaining a card. I am not familiar with the issue, but I believe that the State Police has taken some position to the effect that they won't approve a 77R unless a patient has relinquished a card for 12 months, but, if that's true, I think that's phooey.

This sounds like the MSP are making their own laws ? I'm not surprised, they are continually allowed to do that here in MD.

Mack C-85 · May 24, 2019

Abulg1972 said:
I was responding to the issue of Maryland law. With that said, I’m curious as to whether you can point me to a provision of the GCA of 1968 that would require a card holder to relinquish his/her firearm on account of that card (hint: I don’t think you will be able to find one).

ATF guidance is it's against federal law. Letter won't post for some reason.

Sent from my LG-G710 using Tapatalk

eruby · May 24, 2019

Mack C-85 said:
ATFs current guidance..... View attachment 260734

Paragraph 4, sentence 1, FTW/FTL, depending on your way of thinking.

Abulg1972 · May 24, 2019

Mack C-85 said:
Sent from my LG-G710 using Tapatalk

Except that ... this guidance really relates to Form 4473 and the acquisition of a firearm from a dealer. I don’t disagree that a person who has a card would be prohibited from acquiring and thereafter possessing a firearm that he/she obtained from a dealer. I’m talking about a person who lawfully acquired a firearm and then was issued a card. Note that Section 922(g) actually prohibits a listed person from “possess[ing] in or affecting commerce, any firearm or ammunition.” Whether the ATF would say that this restriction kicks in on the basis that, at one time, the firearm affected interstate commerce ... I don’t know.

Delegate Robin Grammer · May 24, 2019

I can tell you about the state of the issue here in Maryland.

The federal laws and regulations are prohibitive. However, the states are taking action:

https://blog.tenthamendmentcenter.c...rms-ownership-based-on-medical-marijuana-use/

In fact, here in Maryland, there have been several bills on the issue. The Senate moved Senator Hough's bill but it stalled in the House.

http://mgaleg.maryland.gov/webmga/frmMain.aspx?pid=billpage&tab=subject3&id=sb0097&stab=01&ys=2019RS

Judiciary also did not move on my bill:

http://mgaleg.maryland.gov/webmga/frmMain.aspx?pid=billpage&tab=subject3&id=hb0749&stab=01&ys=2019RS

I am on Judiciary and I have talked personally with Chair Clippinger on this specific issue. He would like to have the legalization workgroup look at the issue.

http://mgaleg.maryland.gov/webmga/frmMain.aspx?pid=cmtepage&tab=subject7&id=MLW&stab=01

That workgroup has not met yet in the interim. I would watch for the workgroup to meet and discuss this issue.

Delegate Robin Grammer · May 24, 2019

Abulg1972 said:
I would argue that there's already a carve-out for holders of a medical marijuana card. Section 13-3313(a)(1) of the Health-General Article of the MD Code provides that a qualifying patient may not be subject to arrest, prosecution, or any civil or administrative penalty . . . or be denied any right or privilege, for the medical use of or possession of medical cannabis."

That seems pretty clear to me that a gun owner cannot be stripped of his or her right to own/possess/use that gun on account of being a card holder, nor can he or she be prohibited from owning/possessing/using a gun that he/she acquired after obtaining a card. I am not familiar with the issue, but I believe that the State Police has taken some position to the effect that they won't approve a 77R unless a patient has relinquished a card for 12 months, but, if that's true, I think that's phooey.

The state is clearly in violation of the current law. If someone sued the state, it would most certainly help.

ironpony · May 24, 2019

Thanks for the info Delegate Grammer.

PJDiesel · May 24, 2019

ironpony said:
This sounds like the MSP are making their own laws ? I'm not surprised, they are continually allowed to do that here in MD.

I'm not surprised.

"That's the way we've always done it". (aka: make up the law as you go)

PJDiesel · May 24, 2019

I've got a novel idea, how about the Federal Government stay the ef out of it?

It's fairly obvious they know they'll lose revenue from the fact that people will almost certainly consume less alcohol and possibly other legal recreational (prescription) drugs that are all but openly abused and no one seems to mind.....<cough-cough>........Adderall.....Xanax....

Who exactly is all that worried about their stoner neighbor anyway? Is that the guy who's going to be rooting through your shed at 2AM? Are they the ones who will have knock down/drag out fights at all hours of the night and have the police at the house?

Hint.........NO, they're not.

Threeband · May 24, 2019

The thing is, the MSP isn't involved on not disapproving long gun sales anyway, and even if they did not dissaprove a 77r, the purchaser would presumably still be denied by the NICS.

motorcoachdoug · May 25, 2019

Delagate Grammer I know this is not part of it but where do you stand on the bill to do away with the Hand Gun Permit Review Board and the restrictions that MSP always puts on a CCW lic? I would like to know please and I think a few others here might want to know as well.

cantstop · May 25, 2019

Until the DEA drops MJ off of the Schedule 1 drug list, the BATF&E will enforce the prohibited person rule.

There is really no other scenario that can be argued.

States can make their laws allowing MJ and gun possession, but it will still be a federal crime. Schedule 1 listing means there is no medical use, even though the U.S. Government owns the patent on medical cannabis.

richgo66 · May 29, 2019

HQL permit denied becuae of my Med Marijuana Card

Hello,
Is there any way around this? As a good citizen, avid range shooter, and having taken the HQL class, I was denied my handgun permit because I happen to have a medical cannabis card. I am not a habitual user but was still denied. Is there any way around this?

danb · May 29, 2019

pot is illegal at the federal level. You cannot pass the federal background check while holding a Med pot card. ATF has issued guidance on this, it is beyond the scope of MD law.

You will have to give up your card to buy a gun. ANY gun, rifle shotgun, or pistol. I do not know offhand how long after cancelling the card they will let you re-apply for HQL. For long guns (federal 4473 only), probably as soon as you can truthfully answer on the federal 4473 that you are not a habitual user of drugs which are illegal at the federal level. Some time after the card is cancelled and youve ~~smoked~~ burned your stash. or something. For the HQL, there may be a different process and timeline.

Brychan · May 29, 2019

richgo66 said:
Looking foir a
Smith & Wesson M&P 380 Shield EZ

Got have your HQL before you can look for anything.

Ammo Jon · May 29, 2019

richgo66 said:
Looking foir a
Smith & Wesson M&P 380 Shield EZ

I'm Jewish but I'm fairly secular, I'll have to check with some of the other members that are more observant because this doesn't seem kosher.

Sundazes · May 29, 2019

Ammo Jon said:
I'm Jewish but I'm fairly secular, I'll have to check with some of the other members that are more observant because this doesn't seem kosher.

Wait till you get a PM from him. I did. Not only is not kosher, I would call it illegal....

GrimReaper · May 29, 2019

welder516 · May 29, 2019

I would say the pot is not working , he should be sooo chilled and relaxed ..

KevinK · May 29, 2019

GrimReaper said:
.

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