MEDICAL MARIJUANA?

[kalister1]

The FUNNY thing here is: The State of Maryland wants to punish you for violating Federal Law by giving you access to the substance that you used to violate the law with.
Could that be entrapment?

 

[kalister1]

When using the MSP online licensing portal, the question reads; "Are you a legal user of cannabis (marijuana) for medical purposes or are you issued a valid medical cannabis identification number or a valid medical cannabis identification card?"

Therefore, just having the card prohibits you.

Even if you have the card, I believe you can say no to this because the POT is illegal by Federal Law. The State cannot issue a VALID CARD to violate FEDERAL LAW. It's like saying you are not an illegal alien because Maryland gave you a Drivers License.

 

[cantstop]

Even if you have the card, I believe you can say no to this because the POT is illegal by Federal Law. The State cannot issue a VALID CARD to violate FEDERAL LAW. It's like saying you are not an illegal alien because Maryland gave you a Drivers License.

Your logic is bad. There is an existing question that asks if you are an illegal marijuana user.

 

[shooter56]

Not to mention that if it is true what 2A in MD is saying that MSP is compiling a database of card holders and comparing them against 77r's, they will get you for perjury if you applied for a transfer after getting your card and answered NO to that question. The card doesn't violate the law, you do by maintaining possession of a firearm after getting a card. The problem I see is that I can find no mention of this conflict on the MMCC website. They should be informing people trying to obtain a card that it will prohibit them from owning firearms.

 

[kalister1]

Your logic is bad. There is an existing question that asks if you are an illegal marijuana user.

Good Point

Not to mention that if it is true what 2A in MD is saying that MSP is compiling a database of card holders and comparing them against 77r's, they will get you for perjury if you applied for a transfer after getting your card and answered NO to that question. The card doesn't violate the law, you do by maintaining possession of a firearm after getting a card. The problem I see is that I can find no mention of this conflict on the MMCC website. They should be informing people trying to obtain a card that it will prohibit them from owning firearms.

How can the State issue you a card that says you can violate Federal Law?

I realize this is a Tongue in Cheek argument, but ?

 

[Not_an_outlaw]

When using the MSP online licensing portal, the question reads; "Are you a legal user of cannabis (marijuana) for medical purposes or are you issued a valid medical cannabis identification number or a valid medical cannabis identification card?"

Therefore, just having the card prohibits you.

That's a constructive argument, like having a saw makes you potentially capable of owning a sawed off shotgun.

Also, you should be able to use that argument that you would now be prohibited from voting because you are a federal felon.

If you have an HQL, should the police assume you have a handgun in the car?

 

[welder516]

I own bourbon bottles

 

[shooter56]

That's a constructive argument, like having a saw makes you potentially capable of owning a sawed off shotgun.

Also, you should be able to use that argument that you would now be prohibited from voting because you are a federal felon.

If you have an HQL, should the police assume you have a handgun in the car?

Having a card doesn't make you potentially prohibited, it makes you specifically prohibited. The question is clear, "are you issued a valid medical cannabis identification card?" If a truthful answer to any of the above 16 questions is "YES", it is a violation of the law for you to purchase or possess a firearm.

Your not a felon until you are convicted of a felony crime.

An HQL doesn't mean you own a regulated firearm. Just means you have a license to obtain one.

 

[Biggfoot44]

You are not a Felon for having an MJ Card , however your 2A Rights are nixxed in similar manner to felony conviction. And an HQL isn't a License to purchase Handguns. It is a License that allows you to apply for permission to purchase a handgun.


But that's all self- pleasuring semantics . The bottom line is that life generally, and Maryland Law perticularly isn't fair, logical or internally consistent.

 

[kalister1]

You are not a Felon for having an MJ Card , however your 2A Rights are nixxed in similar manner to felony conviction. And an HQL isn't a License to purchase Handguns. It is a License that allows you to apply for permission to purchase a handgun.


But that's all self- pleasuring semantics . The bottom line is that life generally, and Maryland Law perticularly isn't fair, logical or internally consistent.

This

 

[Not_an_outlaw]

Having a card doesn't make you potentially prohibited, it makes you specifically prohibited. The question is clear, "are you issued a valid medical cannabis identification card?" If a truthful answer to any of the above 16 questions is "YES", it is a violation of the law for you to purchase or possess a firearm.

Where is the law for "specifically prohibited?" It looks like the MSP just made this up. Did the legislature make such a law? I'm concerned that the legislature will eventually be able to ask about other drugs for which they arbitrarily decide that their use makes you a prohibited person.

Your not a felon until you are convicted of a felony crime.

Yes, that is true. But if you admitted to committing a felony, that can't be good. I'm trying to think of an example where you cannot get something based on an admission but not actually getting prosecuted.

An HQL doesn't mean you own a regulated firearm. Just means you have a license to obtain one.

Yes that is my point. Just because you have the MJ card doesn't mean you you have the stuff in possession or have used it.

 

[shooter56]

Where is the law for "specifically prohibited?" It looks like the MSP just made this up.

Here's your answer to that. (fourth paragraph)

https://www.atf.gov/file/60211/download

 

[teratos]

Here's your answer to that. (fourth paragraph)

https://www.atf.gov/file/60211/download

This is one of the biggest problems I have with "medical marijuana". It can be a huge issue for users and prescribers alike if the feds get a bug up their asses.

 

[clandestine]

Even when the risks of getting a MJ Card are made clear in black and white it still ignored by the MJ Mafia. They think the consequences don't apply to them.

They will find out the hard way.

 

[tourrider]

This is one of the biggest problems I have with "medical marijuana". It can be a huge issue for users and prescribers alike if the feds get a bug up their asses.

As we know the Feds can do...

MJ is still classified a schedule 1 substance.

 

[esqappellate]

Nice work, Pres. Mark Pennak!

You are doing a real service with your “notes” to members and non-members alike.

Thanks!

 

[Cold Steel]

Stay away from Medical Marijuana as you will be in some data bank labeled a user. BATF Form 4473 asks if you are a habitual user of drugs and marijuana is an illegal drug as per Federal Law. At some point in time the Feds will crack down and fill the jails and their gun lockers. Chris

What if someone suffers from chronic pain? Would "habitual use of drugs" apply there? Some states are openly defying such laws regarding medical marijuana, arguing that the feds don't have authority under the Tenth Amendment:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Drugs are not specifically enumerated or delegated to the federal government in the Constitution. I'm sure the state would point to the 10th Amendment if the CCW reciprocity became law. Why not medical marijuana?

 

[Zorros]

Having a card doesn't make you potentially prohibited, it makes you specifically prohibited. The question is clear, "are you issued a valid medical cannabis identification card?" If a truthful answer to any of the above 16 questions is "YES", it is a violation of the law for you to purchase or possess a firearm.

Your not a felon until you are convicted of a felony crime.

An HQL doesn't mean you own a regulated firearm. Just means you have a license to obtain one.

This may have been addressed ( its a long thread) but here is a 9 th circuit ct of appeals case holding that the possessor of a medical canabis Rx is a prohibited person even without evidence that the user ever filled the Rx. Or testimony he or she did not. The question is, with the warning on the federal form re med canabis, whether you want to sign your name under the penalties of perjury and attest that all statements you have made are true. And 18usc 922 prohibits possession or transfer of a firearm if you use. Granted, the 9 th cir holding has no effect in the 4 th, the 4th has not been exactly gun friendly.

 

[DC-W]

What if someone suffers from chronic pain? Would "habitual use of drugs" apply there? Some states are openly defying such laws regarding medical marijuana, arguing that the feds don't have authority under the Tenth Amendment:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Drugs are not specifically enumerated or delegated to the federal government in the Constitution. I'm sure the state would point to the 10th Amendment if the CCW reciprocity became law. Why not medical marijuana?

Congress needs to undo some of what was done decades ago. Who comprises the congress?

https://web.archive.org/web/20070928044643/http://www.deamuseum.org/dea_history_book/1970_1975.htm

The courts are gonna uphold this stuff all day until congress changes the law.

The courts have upheld the NFA as constitutional. Why wouldn’t they do the same for substances the states permitted the federal government to control (just as they did with NFA items)?

 

[FPL53]

Here's a G. Gordon Liddy'ish question. On all papers I am the gun owner of all fire arms in my house. I have a debilitating disease that heavily qualifies me for a state MJ card. If my wife were to go out and lie to the MJ docs and gets her MJ card, does that put me the gun owner on the state's prohibited (confiscation) list? Are they just looking at names or addresses too?

This is just a curiosity question, I am not looking to skirt the law!