Arkansas pot laws

[jrm53]

We passed a pot law last year where folks can buy pot if they can get a doctor to prescribe it but tonite on the news they stated if you fill it you can not purchase a firearm and fill out the 4473 form, you will be in violation of the law. Its not that I want any dope but I wonder what happens to the folks that already have weapons, will they be breaking the law just wondering. Jeff

 

[ischia]

We passed a pot law last year where folks can buy pot if they can get a doctor to prescribe it but tonite on the news they stated if you fill it you can not purchase a firearm and fill out the 4473 form, you will be in violation of the law. Its not that I want any dope but I wonder what happens to the folks that already have weapons, will they be breaking the law just wondering. Jeff

We have been legal for all over 21 for 2 years here in Washington State. Some companies do drug tests I'm sure. It's a fruitless battle as good labor is so very hard to find. Myself I would much rather have a man on the job who smoked a bit last eve rather than one who got blind drunk and shows up so hung over that they can hardly stand. Gave it up years ago myself, just lost interest.

Ischia

 

[Faulkner]

There are several issues that will eventually have to be decided by the Arkansas Supreme Court before this is over here.

 

[hoc9sw]

As I understand the Federal side, you can not own or possess firearms if you use MJ. The states are stretching it, in hopes that the Feds won't enforce those laws.

I think it was Hawaii that did a sweep of licensed owners who got MM cards.

 

[Old Arkansawyer]

I suppose the users will continue to own/carry as some always have. And I don't think they are using for medical reasons. Just my opinion
based on a few observations.

 

[sigp220.45]

I think its a non-issue. You also can’t legally purchase a gun if you are addicted to a depressant (alcohol) and plenty of alkies buy guns every day. Even a recovering alcoholic is still addicted and would have to lie on the form to buy a gun.

 

[gman51]

The way the law reads if you use then you could lose. If you falsely answer the application then you are breaking the law. Laws often don't work because laws are often to cost prohibitive to enforce to make a difference.
People are supposed to be on their own best behavior and abide by the laws. On a Saturday night out for fun what percentage of drivers are DWI? Point made?
The AG has said Federal laws concerning MJ trump any state laws. The 4473 is a federal application which goes by federal law. Most states a person can't use marijuana in any form and be legal to have a CCL.

I have read that if your home is searched and MJ is found then you could be in a world of hurt in court. You had a controlled substance in your possession and owned one or more firearms. Your CCL could then be considered illegally obtained. So your carrying a firearm could be deemed illegal.

BTW Most all doctor offices supposedly are now using computers which are tied into a federal app system. Supposedly doctors have no choice but to use the apps. It appears our health reports in the doctor office visits are in the federal cloud. I did notice at my last doctor visit the doctor and nurses used a laptop as we talked. Granted it could be just because everything is done by computers now. So perhaps if medical MJ is prescribed then the feds will know about it. Kind of makes a person wonder should they lie about using medical MJ on a 4473.

 

[BLUEDOT37]

I have read that if your home is searched and MJ is found then you could be in a world of hurt in court. You had a controlled substance in your possession and owned one or more firearms.

Listening to the news, anytime you're arrested they always make a big point about any weapons found, even if they had nothing to do with the original crime. They always seem to want to use that against you if they can.

.

 

[brigeton]

I have read about the same thing here in Michigan since the recreational law was passed last fall. If you use you have to lie on the federal form 4473 to buy a firearm. It's a law that doesn't seem to be enforced and people seem to think marijuana will be legal nationally at some point. Also here in Michigan your concealed license can be revoked for a period if you are carrying and have any alcohol at all in your system. I don't think that's enforced either unless maybe someone was drunk and causing a problem.

 

[jeffrefrig]

On a "Concealed carry" Q & A I was on pertaining to PA laws, There is no law that prohibits CC if you are "drunk", meaning a BAC above .08. There were no guidelines for cannabis, as it shows up for at least a month after using, although I don't carry while drinking unless just out walking my dog or working in the yard. I've never heard any laws prohibiting me from anything but driving, though, while on a prescribed back pain med. There were no questions about prescription meds the last time I bought a gun. Many forms will need updated as here in PA prescription pot is legal now. Illegal drug use? Pot users, while it seems pretty harmless from what I remember, are liars I guess. Much needs to be updated.

 

[Muss Muggins]

This is the nuts and bolts of it. There is no legal user of marijuana under federal law, but people are gambling that the feds won't come after medical marijuana users.

Those people are probably correct in that it is unlikely the feds will actively pursue cardholding smokers. If they happen to come in contact with you for some other reason, however, and your possession of firearms and your use of marijuana comes to light, you're probably gonna get charged . . .

As I understand the Federal side, you can not own or possess firearms if you use MJ. The states are stretching it, in hopes that the Feds won't enforce those laws.

I think it was Hawaii that did a sweep of licensed owners who got MM cards.

 

[CAJUNLAWYER]

A couple of observations.
First: It is ALWAYS a bad idea to lie on a Federal form as it is ALWAYS a prosecutable crime. When you piss off the feds and you are squeekly clean, they can always nail you on lying on a Federal form and you are a convicted felon (ranks high up in the chicken**** meter but who said life is fair). How many people have been nailed for fudging on a financial statement and get hit with bank fraud-Lots.
Second: The law hasn't caught up with the medical marijuana and doctors will NOT write a scrip for medical marijuana as to do so will risk loosing their prescription privileges and getting in trouble with DEA.

Years ago when the arch segregationist Leander Perez was fighting against the Feds Earl Long told him "Leander, don't fight 'em, dey got da bomb."
Good advice then-good advice now

 

[jejb]

This is the nuts and bolts of it. There is no legal user of marijuana under federal law, but people are gambling that the feds won't come after medical marijuana users.

Those people are probably correct in that it is unlikely the feds will actively pursue cardholding smokers. If they happen to come in contact with you for some other reason, however, and your possession of firearms and your use of marijuana comes to light, you're probably gonna get charged . . .

And it's probably not just the feds you need to worry about. If you live in an anti-gun state, it's probably just a matter of time until they put 2 and 2 together, check medical MJ cards against the 4473 forms, and come get your guns.

Could even eventually make it into the NICS system, I suppose.

 

[Muss Muggins]

. . . When you piss off the feds and you are squeekly clean, they can always nail you on lying on a Federal form and you are a convicted felon (ranks high up in the chicken**** meter but who said life is fair). How many people have been nailed for fudging on a financial statement and get hit with bank fraud-Lots.

My standard statement to people I got to see after they lied on some federal form was "Nobody gives a tin snot about lying on these things until you miss a payment. Then, everybody cares . . . "

 

[Huskerguy]

These responses are interesting. There are some things I will never quite understand. Comparing alcohol use to marijuana use is one. Like one is somehow morally acceptable and better than the other. Both have health concerns and it is only the "acceptance" factor that has got us to this point. BIL is a doctor in a state where it is legalized and the number of people wanting medical prescriptions was unreal. I personally do not want people carrying firearms under numerous circumstances including both marijuana and alcohol and now throw in the glut of pain killing prescriptions.

If anyone thinks the left won't use all of this against the legal gun owners of this country, I think could be dreaming. They know the legal and illegal drug use is swelling and that is a bad combination with firearms. There is a reason these questions are on the form and frankly I have no problems enforcing them. As human nature goes, we inherently do not have the ability to see the dangers of our own behaviors so we rationalize them to make us feel better about ourselves.

I know this won't be popular but it is my opinion only.

 

[skipnsb]

I want states rights on patient care

Some think that any opiod user is faking pain just to get high.

"And I don't think they are using for medical reasons. Just my opinion based on a few observations. "

That may be your few personal observations. I have had hundreds of intimate conversations with clients. I do quite a bit of "elder law" and tangentially work with personal injury victims. Both Republicans, Democrats, Communists, KKK, etc. for a long time.

Once they or their kin go through chemo, or sprain a back, and then see the benefits of mj, their attitude totally changes. Even before medical mj was legal, somehow they found out about it and decided it was better than vomiting all morning.

A true conservative would leave medical treatment between a doctor and patient, not the Federal government. Federal mj law was Nixon's way of squashing the anti-war hippie protestors, and oppressing other groups, nothing else.

Now big pharma is fighting it hard over money, and the LE's want to keep fighting because it pays for helicopter rides and swat raids, double overtime, with a bit Fed contribution and all the loot they can steal confiscate? Gateway has been debunked by several credible researchers.

Can't we use this money for something truly important, like rescuing abused children? tax it like alcohol

Some pain clinics are pushing mj to get people off of opiods. When is the last time you read of a mj overdose? or a bar fight between potheads? Would you want your child to choose one: pothead, alcoholic, opoid user. It is rare for someone not to pick pot in my informal discussions.

I worked as a Federal prosecutor and for legal aid at different times early on, I and many others believe that violent criminals use mj as an excuse because it is somewhat acceptable, when in reality there is probably at least alcohol and some other drugs involved.

No, your doctor/train engineer/pilot/judge should not be working high. But I would bet you would be surprised how many early Monday morning surgeries are done with an alcohol hangover.

Our retired District AG gave a speech to our service group, stating he had been wrong about mj-"nobody ever beat their wife because of mj" he said, to the astonishment of the faux conservatives.

And anyway I don't care if you get high/blinding drunk/ so long as you keep in your own backyard/don't drive/don't work. Responding to Huskerguy, how much control would you give the government to control our lives, guns and otherwise?

 

[jejb]

These responses are interesting. There are some things I will never quite understand. Comparing alcohol use to marijuana use is one. Like one is somehow morally acceptable and better than the other.

I don't hold that opinion, per se, beyond the legality issue. But alcohol gets flushed from the system quickly. MJ stays in your system for quite some time. If it shows up in your blood, it seems reasonable that it may have an impact on your judgement, even days or weeks after using it.

 

[joeintexas]

I have an old Air Force friend who lives in Colorado I am in occasional contact with, he says he uses medical marijuana for pain. At least he is pretty sure he is living in Colorado, he knows there are trees there at any rate. Life is good.

 

[sar4937]

Wait until gun control advocates realize they can legally get a million guns off the streets without passing any new laws.

 

[cherrypointmarine]

Something else to think about ........ My pain Dr. has an ironclad rule . If you want a script for medicinal MJ , that's fine . But , don't come back and want a script for pain meds , it's one or the other .