The impact of "NORML" and new marijuana laws

What happens if the Sun doesn't rise or the sky is falling?


Federal Law trumps State law, you expect logic? Why is pot even illegal, in the same class as heroin and LSD??



Is it legal to carry a CW in a pot store?


What if??:rolleyes:


Time for popcorn
 
HOLY BIG BROTHER BATMAN.

Governments aren't waiting around. The Honolulu City Police ran gun registrations against the medical marijuana registrations and found 30 matches. Those folks got letters on HCP letterhead telling them to turn in their guns and ammunition within 30 days or transfer them to someone else. And anybody on the marijuana list will be denied future permits to purchase. Supposedly the Honolulu Police won't be going around house to house to confiscate their guns but that can always change.

#1 It seems to go against Hippa.
#2 I have a library card, I don't read a book a day. :rolleyes:
 
I had a discussion with someone who insisted that he only used THC-free CBD oil, and that I really need it for my cancer pain. I asked to see the lab certification from the producer that it was guaranteed THC-free.

I didn't get an answer on that. I'm not risking my situation for it.

As to HIPPA, that protects information you share with your doctor. Getting a MM purchase card is, in the cases I've seen mention of, something you do through local government. Since it involves something illegal at Federal level, I can't see it violating HIPPA.

Who knows where laws are going these days ....
 
As to HIPPA, that protects information you share with your doctor.
Who knows where laws are going these days ....

Of course under Obama Care your information is computerized and shared with everyone, Russians included.

State law might legalize marijuana but Federal employers and contractors, and a huge host of private employers still require a drug test. And today a hair test is usually required which detects any illegal drug taken up to 6 months in the past.
 
Well, you'd lose money on that bet. First, since the feds are generally unimpeded by the local "politics," and the penalties are more certain and severe, local LE use them regularly for prosecuting local criminals who are constantly in trouble but don't seem to stay in jail long. "Hey, so and so doesn't have a felony, but he smokes weed all the time and has a gun." Boom, federal charge. As for sawed off prosecutions, I can introduce you to a couple people if you'd like . . .

That's the case where you live. I should've clarified where I was talking about...

Where I live, NM, we have a catch and release program and politics is playing a role with our sanctuary cities and state politics in general. Our court system is appallingly bad. The perfect example of this is the training camp in Taos, with the 5 people and the dead three year old - three of them had their charges dropped yesterday.

The local DA is trying to send some of the really bad people to the feds but doesn't have enough people, funds, time, to cope with the workload he and his office have and everything keeps piling up. He, literally begging the state legislature for money to hire more people. Add to that the US Attorney for NM has to prioritize with all the illegal immigration cases, indian country, and everything else.

It's a mess.
 
It happens where you live as well. This 2017 case is the most recent that popped up on my inadequate Google search. There were several others . . .

Clovis Man Pleads Guilty to Violating Federal Firearms Laws by Possessing Unregistered Sawed-Off Shotgun | USAO-NM | Department of Justice

Ματθιας;140151405 said:
That's the case where you live. I should've clarified where I was talking about...

Where I live, NM, we have a catch and release program and politics is playing a role with our sanctuary cities and state politics in general. Our court system is appallingly bad. The perfect example of this is the training camp in Taos, with the 5 people and the dead three year old - three of them had their charges dropped yesterday.

The local DA is trying to send some of the really bad people to the feds but doesn't have enough people, funds, time, to cope with the workload he and his office have and everything keeps piling up. He, literally begging the state legislature for money to hire more people. Add to that the US Attorney for NM has to prioritize with all the illegal immigration cases, indian country, and everything else.

It's a mess.
 
I still do not understand the original question (well I actually do)


But you either lie, or don't smoke pot. If you have med license then you are doomed.



Why don't they ask if you are a functioning alcoholic? Because it is not against Federal law to buy alcohol. But alcohol is technically a depressant so if you are an alcoholic you can not buy a firearm as you are addicted. But most drunks will not admit they are.



Many drunks are violent. most pot smokers are not



It's a conundrum.
 
Alcohol is not a controlled substance . . .

(3) who is an unlawful user of or addicted to any controlled substance

Why don't they ask if you are a functioning alcoholic? Because it is not against Federal law to buy alcohol. But alcohol is technically a depressant so if you are an alcoholic you can not buy a firearm as you are addicted. But most drunks will not admit they are.
 
One can bush-lawyer this question to death, but ultimately it comes down to how you evaluate the risk and how important either pot or guns or both are to you.

The "reasonable person" standard gets referenced a lot. So what's a user? I drink alcoholic beverages on a fairly regular basis, but no reasonsble person who knows me would describe me as a drinker. So if I used pot occasionally, would I actually qualify as a user? As was mentioned above, do I have to be using at the time I sign the 4473 to mark yes? That question is clearly in the present tense.

Of course the answers are unlikely to be conclusive. That's how lawyers make their money. It sounds like in the Honolulu case, at least as it was presented here, the medical card was taken by the authorities as conclusive evidence of use. I'd be interested to know whether that has been challenged and stood up in court.
 
I had a discussion with someone who insisted that he only used THC-free CBD oil, and that I really need it for my cancer pain. I asked to see the lab certification from the producer that it was guaranteed THC-free.

I didn't get an answer on that. I'm not risking my situation for it.

As to HIPPA, that protects information you share with your doctor. Getting a MM purchase card is, in the cases I've seen mention of, something you do through local government. Since it involves something illegal at Federal level, I can't see it violating HIPPA.

Who knows where laws are going these days ....

Two versions of CBD as a drug have been approved by the FDA, with the first being in the 1980s the second in June 2018. The only difference between the two (and the "Press" have not even mentioned the first one) is that the 1980s version was made synthetically in a lab, the later one was isolated and purified from a specific strain of the plant. The first one will not have any THC, the second may have enough to be found by very specific analytical systems. An interesting aspect is that the Federal Government approved both! Dave_n
 
Alcohol is not a controlled substance . . .

(3) who is an unlawful user of or addicted to any controlled substance


I am well aware of the classification of alcohol.

This is what happens when partially quoting.

The 4473 reads:

Question 11e asks: "Are you an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any other controlled substance?"

So depending on how you string those words together addicted , or ANY depressant

So we can let the lawyers and the Judges determine the wording if it is to mean controlled substance as that comes after addicted to any depressant. It does not say "and "

You could be a lawful user BUT be addicted.

My point is that alcohol is physically addicting, pot is not,

Alcohol causes far more damage than pot, but that is whole other topic. Of course alcohol used to be a "controlled" substance and we all know how well that worked out.


The whole topic is moot as I said before Federal Law trumps States when it comes to buying firearms.
 
NO, BUT OTHERS ARE.

Alcohol is not a controlled substance . . .

(3) who is an unlawful user of or addicted to any controlled substance

There is no shortage of people already on controlled substances AND class ll narcotics (the same class as MJ & heroin) that own, buy, sell, & LEGALY CC guns. The big difference (in my view) is that the other ( "harder") drugs are legal federally by a prescription. Can/should existing laws actually be enforced ? (as always YES!) & crackdowns on md's giving out MJ cards to dubious persons? (as well as opiod rx's) ABSOLUTELY! SHOULD the Govt recognize MJ as a legitimate medicine? (just like the many others?) IMO the blame/burden should not be on the sick that can benefit by it, while big Pharma or criminals make $ off it. Should some poor soul with serious health issues be denied (by healthy politicians) a theraputic substance, or be penalized for it when it is prescribed by an Md just like vicodin, fentanyl, oxy's??? NO, NOT IN MY BOOK.
 
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