Medical Marijuana User Demands Gun Rights

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Originally Posted by Chad Rogers

In the state of Virginia one is not permitted to CCW while intoxicated. Being high on dope should not be some exception to the intoxicated prohibition. Because dope is the drug of choice of liberals should not allow for the carving of some exlcusion based upon what you are high on.

From a legal perspective, and without getting into the politics of it, it is quite possibly a violation of federal law to even possess a firearm if one is a medical marijuana dependent whacko. No state law will bail out some doper if the feds come a huntin'.

(g) It shall be unlawful for any person:

(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));

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While you're under the influence. What about when they're not high? I want to be a cop, but I believe we are headed down the same road with the war on drugs as we were with prohibition in the 20's. Yeah, crack is bad for you, but pot is less damaging then Alcohol and tobacco, both completely legal. People lump all drugs together. I wouldn't do pot legal or illegal, I don't drink or smoke either.

Unless something harms someone else, it shouldn't be illegal. I'm tired of this nanny state "we're here to protect you from yourself" BS.

This case may have more implications than you think. If this goes to the federal level it could have serious effects on the 2nd amendment. Us baby boomers are all getting older and the most of us will use some kind of medication, sooner or later. Many prescription meds, are controlled substances, or have side effects like drowsiness. So those medications could disqualify you from buying or carrying a firearm, if the anti-gunners get their chance. The government wants to make medical (mental health) information part of the requirement for ownership. Once they get the foot in the door, don't you think they would make major expansions to those requirements.

The attorney general is on the side of the medical mj users for a good reason.

Here is the question as asked on the form 4473. Note the highlighted words. Since medical marijuana is legal in Oregon they are not unlawful users. As to addiction, I know of no definitive study that shows marijuana to be addictive. In theory this question could be used to keep an alcoholic, even a recovered alcoholic, from purchasing a gun, since alcohol is a recognized depressant.

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e. Are you an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any other controlled
substance?

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How many people jacked up on MJ has gone on a rampage, shooting inocent people on the street, LOL. I have never seen a NEWS allert, a man stoned out of mine went on shooting spree in the mall to day. :wink:

Have you ever seen a angery stoner, or hear of a man getting shot over a bud.
I hear that about crack and heroin, but not pot. Most stoners want to get you high so that you will come down to their level.

Posted by a non smoker.

I guarantee you more folks have been killed by drunk drivers, than by pot smokers. The only folks who have to worry about pot smokers are the convenience store clerk, who failed to restock the hostess twinkees, donuts and cupcakes...

I think they should just put a legal limit on it like alcohol. .08 is what it is here in WA. All I am saying is if someone has a legitimate need for the medication, I see no reason why they should not be allowed to carry when they are not on said medication. Just like the label on the bottle says "Do not Operate heavy machinery..." if they do and get caught, revoked. Easy as that. While I feel that everyone should have the right to protect themselves, NO ONE should be allowed to carry a handgun under the influence of ANYTHING. Too many thing can go wrong. Even then, you will get the occasional stoner who cleans his gun loaded...happens all the time...but that is in the privacy of their home away from bystanders. Risk they take.

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Originally Posted by archer51

Here is the question as asked on the form 4473. Note the highlighted words. Since medical marijuana is legal in Oregon they are not unlawful users. As to addiction, I know of no definitive study that shows marijuana to be addictive. In theory this question could be used to keep an alcoholic, even a recovered alcoholic, from purchasing a gun, since alcohol is a recognized depressant.

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I think that is subjective really. While no one can prove that it is CHEMICALLY addictive, that does not mean people won't become addicted to it. But the same could be said about junk food. and round and round we go... :)

Why is everyone assuming that medical marijuana users walk around high all of the time? Did anyone even read the article?

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She believes that her marijuana oils, cookies and joints should be treated no differently than any other prescribed medicines. She said she doesn't use them when she plans to drive, or carry her gun.

"That's as stupid as mixing alcohol and weapons,"' she said.

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This isn't about carrying while high, it's about the grey area of having a medical marijuana permit and a gun permit.

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Originally Posted by archer51

even a recovered alcoholic

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The question is phrased in the present tense. You could have been addicted to everything it lists but if you aren't at the time of filling it out then you're fine.

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Originally Posted by JBinMont

Saber, its no differant than if you are on medication that puts you under any influance. I hear you on the felony part, heck a seed would get you a felony charge and we used to book em too. The card holders here in Montana have gone wild, and the state now is working on either medical marijuana law reform or recinding the medical marijuana law all together.

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Im right next to you JbinMont

And chronic alcoholics demand drivers licences too. It's not a matter of legality; it's a matter of being smart and being safe.

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Originally Posted by Chad Rogers

In the state of Virginia one is not permitted to CCW while intoxicated. Being high on dope should not be some exception to the intoxicated prohibition. Because dope is the drug of choice of liberals should not allow for the carving of some exlcusion based upon what you are high on.

From a legal perspective, and without getting into the politics of it, it is quite possibly a violation of federal law to even possess a firearm if one is a medical marijuana dependent whacko. No state law will bail out some doper if the feds come a huntin'.

(g) It shall be unlawful for any person:

(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));

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This is actually incorrect. I can open carry in a restaurant that serves alcohol and consume alcohol legally. It is not illegal for me to be intoxicated and carry. If one is convicted of an alcohol related crime (DUI, Drunk in Public, etc.) and is carrying a firearm while in commission of an alcohol related crime, then that serves as prima facia evidence for another charge which is carrying a firearm while intoxicated. It cannot be charged alone.

I think a person should not carry while they are high (alcohol, drugs, medicine, pot, whatever). Just because a person has a prescription for medical marijuana doesn't mean they should be stripped of their rights to own or carry a gun when they are not high or when they are in the privacy of their own home or property.

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Originally Posted by TX-JB

This case may have more implications than you think. If this goes to the federal level it could have serious effects on the 2nd amendment. Us baby boomers are all getting older and the most of us will use some kind of medication, sooner or later. Many prescription meds, are controlled substances, or have side effects like drowsiness. So those medications could disqualify you from buying or carrying a firearm, if the anti-gunners get their chance. The government wants to make medical (mental health) information part of the requirement for ownership. Once they get the foot in the door, don't you think they would make major expansions to those requirements.

The attorney general is on the side of the medical mj users for a good reason.

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+1
While I agree it's a bad idea, and should be illegal to carry a gun while under the influence of MJ or booze, or pain killers, we need to be mindfull that once we start down this slippery slope we could find ourselfs ALL facing restrictions on when we can carry.
As TX-JB points out it would be pretty easy for the govenrment anti-gunners to start adding asprin, pain killers, INSULIN, cold medicine to the list.
My wife's mother was a diabetic from pre-teen on. When she turned 16 she couldn't get a drivers license because of it. Is it so hard to imagine Insulin being added to list of substances that prevent gun ownership/carry?
On another point, my 26 year old daughter has a prescription for medical marjiuanna. She suffered a stroke two years ago due to a heart tumor. The nerve blockers she is on only do so much for her, and she suffers from manic episodes. I am not crazy about her using it, but I have also seen what happens if she isn't able to control her mania. I had to have her committied to a mental health ward three months ago.
State law here allows her to use a small amount, but she is not allowed to drive while under the influence, and she is responsible enough to not drive. She has no desire to own a gun, which is fine with me since she has a four year old son.

prescription != addiction
prescription != under the influence

MJ is a controlled substance, but so is Percocet. I for one would be quite upset if my license was revoked for having a prescription for pain medication.

I would support the following course of action:
1. DEA gets a warrant, searches her property, and finds MJ.
2. Federal court convicts her of a felony, or declares her to be an addict under statute.
3. by virtue of these findings, she is no longer qualified to own a firearm
4. firearms confiscated
5. If state law requires a person be legally able to own a gun, revoke license.