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Author Topic: Medical Marijuana and CCW  (Read 252 times)
Hawkeye
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« on: October 11, 2019, 06:17:36 PM »

Does anyone have a good understanding of what happens to a person who has a CCW, or any gun owner for that matter, and then is prescribed medical marijuana?  I have heard a variety of things but much of what I heard is far from reliable.
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Just Bill
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« Reply #1 on: October 12, 2019, 11:27:35 AM »

As I understand it, any substance that inhibits, and a firearm, are not allowed.
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del elec
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« Reply #2 on: October 12, 2019, 11:31:18 AM »

I think the problem is that no matter what the states do, Marijuana is still an illegal substance on the federal level.
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« Reply #3 on: October 12, 2019, 05:47:02 PM »

A DUI is still a DUI whether it is from drugs, booze or Marijuana. It is still, by law, driving under the influence.
I personally feel people prescribed medical marijuana should not be able to drive. Doctors that prescribe medical marijuana should by law have to report it to the state police of DMV.
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oldgraygeek
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« Reply #4 on: October 13, 2019, 02:08:22 AM »

There is now a question on the Form 4473 that asks:
Quote
Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?
Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.

So, if you have a medical marijuana card, and you tell the truth on your form 4473, you should expect to be denied.
(None of us on this forum, of course, would ever lie on a Form 4473).

Also, I am informed by my attorney that possession of both any illegal drug and a firearm is still a felony in Delaware, with or without a CCDW permit and/or a medical marijuana card.
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Hawkeye
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« Reply #5 on: October 13, 2019, 02:23:16 AM »

There is now a question on the Form 4473 that asks:
Quote
Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?
Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.

So, if you have a medical marijuana card, and you tell the truth on your form 4473, you should expect to be denied.
(None of us on this forum, of course, would ever lie on a Form 4473).

Also, I am informed by my attorney that possession of both any illegal drug and a firearm is still a felony in Delaware, with or without a CCDW permit and/or a medical marijuana card.

This gets me a whole lot closer to what I am looking for but it does not answer what happens to the guns a person already has.
« Last Edit: October 13, 2019, 02:51:01 AM by Hawkeye » Logged


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Clarence
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« Reply #6 on: October 13, 2019, 04:27:46 AM »

There is now a question on the Form 4473 that asks:
Quote
Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?
Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.

So, if you have a medical marijuana card, and you tell the truth on your form 4473, you should expect to be denied.
(None of us on this forum, of course, would ever lie on a Form 4473).

Also, I am informed by my attorney that possession of both any illegal drug and a firearm is still a felony in Delaware, with or without a CCDW permit and/or a medical marijuana card.

This gets me a whole lot closer to what I am looking for but it does not answer what happens to the guns a person already has.

What happens if you are caught in possession of illegal drugs is you will be sent to federal prison and as to what happens to your guns:  They will be forfeited to the government and destroyed.

Now with marijuana being de facto legal in many states, you may make the case that you are not an unlawful user and get a jury to buy into that. I personally do not wish to use mind altering drugs, legal or illegal.  I also do not wish to be a test case. 

Best thing would be not use either recreational or medical marijuana until the laws catch up with reality.  But carrying a firearm under the influence of any mind altering drug is to me a poor choice. 
« Last Edit: October 13, 2019, 07:11:45 PM by Clarence » Logged

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Hawkeye
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« Reply #7 on: October 15, 2019, 12:47:19 PM »

Let me start out by saying that I do not partake in marijuana, medical or otherwise, and that this line of questions was completely hypothetical.

It seems this question has no answer. I went to the source and asked the Director, Office of Medical Marijuana, Delaware Department of Health and Social Services. This is his response.

Quote
Anything as important as your 2nd Amendment rights should be discussed with a lawyer. I will say if you purchase a firearm, you must fill out the ATF Form 4473. Question 11E says:
e. Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.


Yep, pretty much what oldgraygeek said.  At least now I know that there is no answer. 

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SturmRugerSR9
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« Reply #8 on: October 15, 2019, 11:07:00 PM »

Hell, go to the "horses mouth". Call the Attorney Generals Office. They would be the ones that prosecute these matters.
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I'D RATHER HAVE A GUN IN MY HANDS, THAN A COP ON THE PHONE!

I reserve the right to not be perfect.

PROTECT THE 2ND AMENDMENT!

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Former PA (non-resident) Permit Holder
NRA Member
USAF Vietnam Era Veteran
Kent County
Christian/Conservative
I cling to my GOD and my Gun
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