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Thread: Mmj dispensaries

  1. #1
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    Mmj dispensaries

    Can I open carry in a MMJ dispensary with no posting of NO GUNS sign?

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    To my knowledge, there's no law against carrying in such places. However, think about the fact that federal law still makes it illegal for a marijuana users. Of course, question 11e on form 4473 asks if you are an unlawful user of MJ - and it's legal here. But not according to federal law.

  3. #3
    Regular Member hammer6's Avatar
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    Quote Originally Posted by jackrockblc View Post
    To my knowledge, there's no law against carrying in such places. However, think about the fact that federal law still makes it illegal for a marijuana users. Of course, question 11e on form 4473 asks if you are an unlawful user of MJ - and it's legal here. But not according to federal law.
    if it's unlawful federally, why would they specify by inserting that word?
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  4. #4
    Regular Member solus's Avatar
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    open letter to FFLs 2011:

    As you know, Federal law, 18 U.S.C. S 922(g)(3), prohibits any person who is an "unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 ULS.C. 802))" from shipping, transporting, receiving or possessing firearms or ammunition. Marijuana is listed in the Controlled Substances Act as a Schedule I controlled substance, and there are no exceptions in Federal law for marijuana purportedly used for medicinal purposes, even if such use is sanctioned by State law.

    Further, Federal law, 18 U.S.C. ss 922(d)(3), makes it unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person is an unlawful user of or addicted to a controlled substance. As provided by 27 C.F.R. 478. I l, "an inference of current use may be drawn from evidence of a recent use or possession of a controlled substance or a pattern of use or possession that reasonably covers the present time. "

    Therefore, any person who uses or is addicted to marijuana, regardless of whether his or her State has passed legislation authorizing marijuana use for medicinal purposes, is an unlawful user of or addicted to a controlled substance, and is prohibited by Federal law from possessing firearms or ammunition. Such persons should answer "yes" to question I l,e. on ATF Form 4473 (August 2008), Firearms Transaction Record, and you may not transfer firearms or ammunition to them. Further, if you are aware that the potential transferee is in possession of a card authorizing the possession and use of marijuana under State law, then you have "reasonable cause to believe" that the person is an unlawful user of a controlled substance. As such, you may not transfer firearms or ammunition to the person, even if the person answered "no" to question I I.e. on ATF Form 4473.

    https://www.atf.gov/file/60211/download

    new 4473 Oct 2016:
    11e. 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.

    ipse
    Last edited by solus; 03-04-2017 at 11:04 PM.
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  5. #5
    Regular Member Tacitus42's Avatar
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    Quote Originally Posted by solus View Post
    open letter to FFLs 2011:

    As you know, Federal law, 18 U.S.C. S 922(g)(3), prohibits any person who is an "unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 ULS.C. 802))" from shipping, transporting, receiving or possessing firearms or ammunition. Marijuana is listed in the Controlled Substances Act as a Schedule I controlled substance, and there are no exceptions in Federal law for marijuana purportedly used for medicinal purposes, even if such use is sanctioned by State law.

    Further, Federal law, 18 U.S.C. ss 922(d)(3), makes it unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person is an unlawful user of or addicted to a controlled substance. As provided by 27 C.F.R. 478. I l, "an inference of current use may be drawn from evidence of a recent use or possession of a controlled substance or a pattern of use or possession that reasonably covers the present time. "

    Therefore, any person who uses or is addicted to marijuana, regardless of whether his or her State has passed legislation authorizing marijuana use for medicinal purposes, is an unlawful user of or addicted to a controlled substance, and is prohibited by Federal law from possessing firearms or ammunition. Such persons should answer "yes" to question I l,e. on ATF Form 4473 (August 2008), Firearms Transaction Record, and you may not transfer firearms or ammunition to them. Further, if you are aware that the potential transferee is in possession of a card authorizing the possession and use of marijuana under State law, then you have "reasonable cause to believe" that the person is an unlawful user of a controlled substance. As such, you may not transfer firearms or ammunition to the person, even if the person answered "no" to question I I.e. on ATF Form 4473.

    https://www.atf.gov/file/60211/download

    new 4473 Oct 2016:
    11e. 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.

    ipse
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  6. #6
    Regular Member solus's Avatar
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    Quote Originally Posted by Tacitus42 View Post
    Bore

    Sent from my SM-N920T using Tapatalk
    thank goodness you agree with my response...

    might wish to contribute your own commentary tho instead of piggy-backing on my response.

    ipse
    Last edited by solus; 03-06-2017 at 07:57 PM.
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

    Get your facts first, and then you can distort them as much as you please. Mark Twain

  7. #7
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    It is indeed illegal. We were cautioned against it during the concealed carry course I had to take before entering civilization in Denver.

    Incidentally, every single dispensary in town here turns me out when I'm OCing, but with a wink and a nod.

    edit: So, to be clear, concealed carry is prohibited as well.
    Last edited by Fox Walker; 05-17-2017 at 11:54 PM.

  8. #8
    Regular Member solus's Avatar
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    Quote Originally Posted by Fox Walker View Post
    It is indeed illegal. We were cautioned against it during the concealed carry course I had to take before entering civilization in Denver.

    Incidentally, every single dispensary in town here turns me out when I'm OCing, but with a wink and a nod.

    edit: So, to be clear, concealed carry is prohibited as well.
    welcome to the site...stick around and enjoy the commentary & contribute as you will.

    btw...enjoy the late snow fall

    ipse
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

    Get your facts first, and then you can distort them as much as you please. Mark Twain

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