Medical Marijuana By Spouse....No 2A For Other Spouse?

[-Mil-Surp-Phreak-]

Have a close friend in a pickle and thought I would ask here for them as they are bugging me for answers as I am their go to "Gun Guy". Their spouse is going through chemotherapy and has a history of opiod abuse in the past so they are planning to apply for a medical card in Maryland in lieu of hardcore painkillers. My friend is against the idea on principle but willing to go along to aid their spouse in any way they can so that there is no relapse and going down that long and dark tunnel. Question is how will their spouse having a medical card affect their 2nd Amendment Rights in Maryland? They can truthfully answer no to question 11C that they are not a habitual user of a controlled substance but it seems to be a catch-22 in terms of having Marijuana in the same house as firearms however separate they may be kept for them.

 

[teratos]

Have a close friend in a pickle and thought I would ask here for them as they are bugging me for answers as I am their go to "Gun Guy". Their spouse is going through chemotherapy and has a history of opiod abuse in the past so they are planning to apply for a medical card in Maryland in lieu of hardcore painkillers. My friend is against the idea on principle but willing to go along to aid their spouse in any way they can so that there is no relapse and going down that long and dark tunnel. Question is how will their spouse having a medical card affect their 2nd Amendment Rights in Maryland? They can truthfully answer no to question 11C that they are not a habitual user of a controlled substance but it seems to be a catch-22 in terms of having Marijuana in the same house as firearms however separate they may be kept for them.

There will be no effect. Even if his wife were a felon, he could still buy a gun. He’s not a user...his wife is. It’s legal in MD.

 

[Objee]

Have him get a medical marijuana "caregiver" card. He can then purchase and transport it for her if she is too ill to travel.

https://mmcc.maryland.gov/Pages/caregivers.aspx

 

[jtb81100]

Have him get a medical marijuana "caregiver" card. He can then purchase and transport it for her if she is too ill to travel.

https://mmcc.maryland.gov/Pages/caregivers.aspx

I wouldn't put it past the state police to consider that the same as him having the medical card.

 

[Name Taken]

Have him get a medical marijuana "caregiver" card. He can then purchase and transport it for her if she is too ill to travel.

https://mmcc.maryland.gov/Pages/caregivers.aspx

That might not be the best option.

It will likely enter the Federal laws of being a distributor of a Schedule I CDS. Likely making you an instant felon and thus a prohibited person. Once you apply there's a conversation about Conspiracy to Dist. CDS. Even if said person doesn't pick it up and deliver it.

Tread lightly in all this until the Feds decide to reschedule the substance.

 

[A1Uni]

The question on the Form 77 is worded "Are you."

Spouse's use does not even enter the equation.

FYI- I have a child who runs a dispensary, and I'm a licensee, no issues.

PS-The kid makes an obscenely large amount of money; I'm in the wrong business...

 

[Threeband]

A "caregiver" is not a Prohibited Person.

I wouldn't put it past the state police to consider that the same as him having the medical card.

No, it's well established in Maryland law that caregivers aren't Prohibited. There's another thread around here somewhere with actual references and citations mixed in among a lot of standard MDS nonsense and thread drift.

https://www.mdshooters.com/showthread.php?235313&p=5570341#post5570341

At the Federal level, the issue is moot, because a Caregiver is not a user. Nor is he a distributor!

 

[-Mil-Surp-Phreak-]

Thanks everyone. I pretty much told him as much as you all have said and I showed them the MSI article on the topic and told them that no matter what you take care of your spouse and if that SSS applies to this situation. I know what you mean A1Uniforms, my brother in law went out to Colorado to open up shop back when it was getting legalized and got in on the ground floor and now has a 20 Acre Ranch bought and paid for out there with 5 bedrooms and a 5 car garage/Barn.

 

[Name Taken]

A "caregiver" is not a Prohibited Person.




No, it's well established in Maryland law that caregivers aren't Prohibited. There's another thread around here somewhere with actual references and citations mixed in among a lot of standard MDS nonsense and thread drift.

At the Federal level, the issue is moot, because a Caregiver is not a user. Nor is he a distributor!

How is that person not a distributor under the federal law? The "caregiver" is possessing an illegal substance will the clear intent to give to someone else for consumption. One doesn't have to profit for for a distribution case.

Can you cite the exemption to the Federal law for a "caregiver"?

 

[Threeband]

The OP's concerns have been addressed, and I think laid to rest.

Are you suggesting he need worry about a DEA raid and federal indictment?

Get back to me after the first federal raid on an actual dispensary.

Until then, try to find something truly serious to obsess about.

 

[Docster]

Have him get a medical marijuana "caregiver" card. He can then purchase and transport it for her if she is too ill to travel.

https://mmcc.maryland.gov/Pages/caregivers.aspx

So, there's no chance in hell that now or anytime in the future this could be a problem for a gun buyer or owner??? Since the OPs question has been answered I'd advise him to cross other bridges if/when he gets there.

 

[OLM-Medic]

Tbh...if the person is that worried they could just get it from the street pharmacist and not be on a record where the enemies of the constitution could use it against them

 

[Name Taken]

The OP's concerns have been addressed, and I think laid to rest.

Are you suggesting he need worry about a DEA raid and federal indictment?

Get back to me after the first federal raid on an actual dispensary.

Until then, try to find something truly serious to obsess about.

Just don't offer wrong advice that makes someone a felon. That's all.

He didn't ask the likelihood of being caught or charged.

But thanks for showing your lack of knowledge despite your conviction of the topic. Once challenged on your incorrect information your response is I'm obsessing over a forum topic?

I'm not obsessed over anything. You offered incorrect advice that makes someone a felon. Rather or not they get caught or charged wasn't part of the conversation.

 

[ericoak]

That might not be the best option.

It will likely enter the Federal laws of being a distributor of a Schedule I CDS. Likely making you an instant felon and thus a prohibited person. Once you apply there's a conversation about Conspiracy to Dist. CDS. Even if said person doesn't pick it up and deliver it.

Tread lightly in all this until the Feds decide to reschedule the substance.

You have to be convicted to be a felon.

 

[Name Taken]

You have to be convicted to be a felon.

While certainly true there are numerous gun charges to be added to folks distributing scheduled narcotics.

The fact that in the eyes of the Federal Gov you are committing a felony and possessing firearms typically don't go well together.

Of course all this is dependent of a AUSA giving a crap. And while it is very unlikely, there are many folks who are convicted felons and served jail time at the hands of a over zealous AUSA or one with a personal mission.

 

[Threeband]

I suggest anyone with a Caretaker Card should keep an eye out for the massive DEA raids on the dispensaries, as well as the raids and arrests of the holders of dispensary licenses.

When you see that, it will be your warning to flush that eighth of an ounce you brought home for your invalid mother last week.

 

[Name Taken]

I just asked for the carved out exception since someone posted how confident they were that it wasn't a violation of the Federal statue since it is "well settled".

 

[Threeband]

No one said it's well settled in Federal law. It's well settled in Maryland law, according to references in the other thread.

(Edit to add The Other Thread:
https://www.mdshooters.com/showthread.php?235313&p=5570341#post5570341)

It's Nullified, same as immigration law.

After the ATF confiscates the sidearms from all the LEOs in the sanctuary jurisdictions, the DEA is going to raid all the cannabis dispensaries, starting in Colorado, just as I described.

That will be the tip off for all the Caretakers to lawyer up before the massive nationwide raids on all the invalid grandmothers.

The Federal government has no way of identifying the Caretakers until they seize the State databases. Then they can begin building cases against the Caretakers, based on documented transport ( not distribution) of cannibis in quantities of an eighth, a quarter, even a full half ounce in the more flagrant cases.

 

[teratos]

No one said it's well settled in Federal law. It's well settled in Maryland law, according to references in the other thread.

It's Nullified, same as immigration law.

After the ATF confiscates the sidearms from all the LEOs in the sanctuary jurisdictions, the DEA is going to raid all the cannibis dispensaries, starting in Colorado, just as I described.

That will be the tip off for all the Caretakers to lawyer up before the massive nationwide raids on all the invalid grandmothers.

The Federal government has no way of identifying the Caretakers until they seize the State databases. Then they can begin building cases against the Caretakers, based on documented transport ( not distribution) of cannibis in quantities of an eighth, a quarter, even a full half ounce in the more flagrant cases.

A thousand times this.

 

[Threeband]

Anyway, after those quarter-ounce transporting Caretakers have been Federally convicted of Federal felonies, they will of course become Prohibited, but not before that.

I myself am a little concerned about a warning I noticed on a can of spray cleaner I used to kill a fly last week.

It said, "It is a violation of Federal Law to use this product in a manner inconsistent with its labeling."

So I think I myself may be prohibited after I am convicted of misusing that spray cleaner. I'd like to think I can beat the rap, but the law looks pretty clear cut. Can anyone recommend a good Federal defense lawyer?