Richland Medical Marijuana Patient Denied Concealed Pistol License

Discussion in 'Legal and Activism' started by mseric, Feb 23, 2014.

  1. mseric

    mseric New Member

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    RICHLAND, WA - A Richland medical marijuana patient recently applied for a Concealed Pistol License, but was denied by police.

    Medical marijuana is legal under Washington state law, but the federal government won't make an exception for that when it comes to getting a Concealed Pistol License.

    Richland police sent the medical marijuana patient a letter stating that federal law prohibits anyone who uses a controlled substance from "shipping, transporting, receiving or possessing firearms or ammunition."

    And even if marijuana is legal here, it's still illegal at the federal level.

    When anyone applies for a concealed weapons permit with Richland police, they have to follow these federal restrictions.


    http://www.nbcrightnow.com/story/24...juana-patient-denied-concealed-pistol-license
     
  2. winds-of-change

    winds-of-change The Balota's Staff Member

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    All narcotics are a controlled substance. Will everyone be denied who has a prescription for a narcotic pain killer?
     

  3. clr8ter

    clr8ter New Member

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    I wonder how the cops knew he had the weed? Aren't the CC permits controlled by the state? Either way, the way the winds are blown' on this issue, weed will be legal everywhere pretty soon. I bet within 10 years.

    Good point. And how will the cops know THAT? Maybe it should be more along the lines of not possessing the gun while under the influence. (Kinda like alcohol. Isn't that a controlled substance, too?)
     
    Last edited: Feb 23, 2014
  4. MisterMcCool

    MisterMcCool Well-Known Member Supporter

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    Aren't tobacco and alcohol "controlled substances?"
     
  5. mseric

    mseric New Member

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    No they are not.

    "The term 'controlled substance' means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this subchapter. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1986." 21 U.S.C. § 802(6


    The Federal Government classifies Marijuana as a "Schedule 1" Controlled Substance, meaning it has no currently accepted medical use in treatment in the United States, it is on par with Meth and heroine etc.
    Doctors cannot prescribe Marijuana as a treatment under Federal law. They issue "recommendation" cards to the Medical marijuana supplier, but it is NOT a legal prescription.

    Legally Prescribed drugs may be "controlled" substances but their use does not make one a "Prohibited" person. As Marijuana is a Schedule 1 controlled substance it cannot be "Legally" prescribed and anyone using it for any reason is a "Prohibited Person". A Prohibited person cannot legally own or purchase any firearm or ammunition.
     
    Last edited: Feb 23, 2014
  6. mseric

    mseric New Member

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  7. clr8ter

    clr8ter New Member

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    I think the Fed govt. has their heads in the sand on this one. For all of the people using weed, and for all the states that are making it legal, and for all the localities looking the other way, it might as well be legal. I'm not into such things myself, but the amount of people I know who are is amazing. Off the top of my head, I know at least 2 people who own guns and smoke weed.
     
  8. mseric

    mseric New Member

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    First, individual States cannot make Marijuana "Legal". They cannot over-ride Federal law and make Legal what the Federal Government deems Illegal.

    They can "Decriminalize" it, which is to refrain from using State money and manpower to enforce Federal Laws. This does not give the States the right to interfere with the Federal Government enforcing it's own laws within State boundaries.

    I think the Fed govt. has their heads in the sand

    I don't think so. My tinfoil hat tells me different.
    I think the Feds and these left leaning States that are "legalizing" pot know exactly what they are doing and they have a plan.
    What better way to Legally disarm a significant number of Americans? Legalize it, run a data base on users, cross reference this data base with Hunting Licences, ammo purchases etc. and bingo Instant Felon. Once identified as a "prohibited person" the alphabet agency of choosing can Legally disarm and confiscate.
     
  9. Jagermeister

    Jagermeister New Member

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    Doorway for gun control.
     
  10. clr8ter

    clr8ter New Member

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    Maybe not technically, but for all practical purposes, they are. As such, why does the Fed not seem to care?

    As to my "Fed has their heads in the sand" comment; It seems the states and the people want weed legalized. Everything points to it. There are TV shows on that document people on their property, using their real names, face not blurred, and sitting in the middle of their pot farm. If that doesn't say something, I don't know what does.
     
  11. mseric

    mseric New Member

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    OH, they care, and when it becomes a firearms issue in a few years you will see how much they Really care. ...but for now you can read a few of these.

    http://articles.latimes.com/2012/sep/26/local/la-me-medical-marijuana-20120926

    http://www.oregonlive.com/health/index.ssf/2012/09/southern_oregon_medical_mariju.html

    http://www.ocregister.com/articles/marijuana-369162-federal-owners.html

    http://www.sacbee.com/2012/06/12/4554830/sacramento-marijuana-dispensary.html

    This one particularly troubling as it involves a Self Defense issue.
    Speaking Friday, Loken’s defense attorney Keith Hall said it appears federal prosecutors have drawn a line and will prosecute marijuana growers who use guns to protect themselves.

    http://www.seattlepi.com/local/arti...arijuana-grower-charged-in-4965683.php#page-1


    http://bigbudsmag.com/grow/article/medical-marijuana-grower-gun-ownership-ATF-Second-Amendment

    http://www.salon.com/2013/06/21/why_is_an_obama_appointee_launching_an_anti_marijuana_crusade/


    There are hundreds of these cases and raids going on all through these States that have "Legalized" pot. I could post them all day long.

    The point is, they care and they will come for the guns when the time is right.
     
    Last edited: Feb 23, 2014
  12. clr8ter

    clr8ter New Member

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    Ok, so in some instances, they are doing something. But you could probably also find a lot of instances where the smaller govts. aren't. And, FWIW, I don't look at this as a weed & guns issue, only a weed issue. If enough people, states, etc. want weed legalized, and the Feds do it, I fail to see the gun connection, at that point. Weed'll be the same thing as tobacco and alcohol.

    If not, I bet there will still be a black market for weed, so if you were concerned about your guns, you could buy it there. No trail.

    Interesting thought; If something that has been demonized for a hundred years all of a sudden becomes legal, will the Black Market instantly vanish? Or, would it live on, because certain people are wired that way, or don't trust the new system, for some reason or another? Basically, will the Black Market still exist out of HABIT?
     
    Last edited: Feb 23, 2014
  13. mseric

    mseric New Member

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    The Federal Government will Never Legalize Marijuana, it gives them a Huge amount of power where Federal Firearms laws are concerned.

    The Republican's will not consent to legalizing it for reasons of their own, and the Democrats will not legalize it for reasons stated above.

    As for Black Market, do the Google on pot prices in CO since it was made "Legal" for recreation use. In store "Legalized" taxed pot is selling for $600/oz. Black Market un-taxed pot is still selling for $200/oz.

    BTW, it is a huge Firearm/gun issue. People in CO and other states are losing their "Right to Keep and Bear Arms" because of this issue. Legally losing their rights.
     
    Last edited: Feb 23, 2014
  14. SSGN_Doc

    SSGN_Doc Well-Known Member

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    This is an area where two legal interests have not had policy changes occur at their intersection. The legalization on state levels has not occurred at the same pace in a federal level.

    When the voters here in Washington decided to push for the legalization of private marijuana use, they did not think things trough on the level that it would collide with federal law. DEA was still doing raids on shops, grow facilities, etc. because they were still upholding federal law, as they are mandated to do. Federal workers, federal contract employees, and personnel still are forbidden, by federal law to use marihuana. And many of the marijuana users who voted for the law still don't understand the limits of the state law. It is for personal
    Use at home. Public smoking is still illegal, and I watched a moron light up at a bus stop, and told him he was being an idiot, who could still get arrested. I got the "Naw, man. Pots legal here, don't you read the papers?" Response. I had to ask him if he voted and does he read the ballot before he votes. I told him to understand the law.

    On a level of individual liberties, I think it should be legal. State and federal government aren't there yet. I thought the Washington law was poorly written. Medical users are finding that out with new restrictions that now effect them, in ways they weren't effected before. Gun owners in this state also didn't understand the conflict in federal law and state law and how it would cause these exact problems that are cited in the original
    Post here. Just buying a gun and filling out the forms puts a gun purchaser in a bind if get use marihuana because they are filling out a federal form, that asks about illicit drug use (and they mean by federal definition, not state). So a pit used has to decide whether to commit perjury, or answer honestly and be denied. Right now the federal law means you have to choose between pit or you gun rights.

    As far as prescription drug users for schedule II and lower class drugs. They are covered because those drugs are scheduled by a federal agency and found to have medical use on a federal level.

    Marihuana is not there yet. The next decade win probably see a significant change in policy in many states, they will be test beds to see what laws work, which ones don't. They will monitor public safety changes in each state, medical cost shifts, traffic violations, tax revenue, etc. Once the bean counters are satisfied, and politicians are convince that legalization isn't going to bite them in the arse with some major political rebound, then the federal government will most likely move the direction of the states. It's a process.
     
  15. Axxe55

    Axxe55 The Apocalypse Is Coming.....

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    i don't know if this is true or not, but this sounds like a very logical reason for what they are doing. this theory sounds very plausible an it concerns me quite a bit.

    people might have to make a choice, either use pot recreationally or own guns legally.

    if this is true and their intended action for the future, it's just another form of gun control.
     
  16. rjd3282

    rjd3282 New Member

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    It's nice how the federal govt. picks and chooses which laws it will enforce. It won't enforce the laws stopping murderers, rapist and drug dealers from coming across the border but it will enforce this crap. It's ironic how the federal govt. will arm drug dealers in mexico but come down hard on a U.S. citizen for smoking a joint. Kind of a mixed message.
     
  17. Axxe55

    Axxe55 The Apocalypse Is Coming.....

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    in many ways the federal government has always been about contradiction.
     
  18. c3shooter

    c3shooter Administrator Staff Member

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    MSERIC- thank you for the information. And you are absolutely correct.


    AT ONE TIME- there were a very small number of LEGAL users of medical cannabis (fewer than 50) in a FEDERAL program- the Feds actually provided the weed, grown in a Federal facility in Mississippi. That goes back to the days of LBJ- those very few folks actually had a Federal document with a Marijuana tax Stamp. Really. Last of them passed away some years ago IIRC.

    As far as this being a new thing- it is not. This is part of the 1968 Gun Control Act.

    A State can change their STATE laws. They cannot change FEDERAL law. And the Feds are the ones that have the 68 GCA that spells out who can possess a firearm, to who a Dealer can transfer one to, etc.

    If you think weed is legal in Washington, Colorado, etc, see what happens when a member of the US military flunks a pee test for weed.
     
  19. clr8ter

    clr8ter New Member

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    Sort of. If that ends up being the case, you get to choose. It's voluntary gun control. Simply don't smoke weed, and you're good to go with the guns. Besides, unless they require a drug test to buy a gun, how are they going to know?