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Thread: Open Carry and State Registered Medical Cannabis

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    What are the implications of legally carrying cannabis while legally openly carrying a pistol? From what I can gather- technically- these two cannot be combined and misconstrude as a crime.

    (Amendment 20) Both are Constitutionally protected rights.

    What are your opinions all around?



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    To note: I've actually been told, by a medical cannabis dispensary owner, that all firearms are banned in such facilities. (Owner complained that he would like to carry but cannot)

    Any opinion on this? I would like to see any such restrictions lifted if such restrictions can be confirmed in law.

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    Regular Member Anubis's Avatar
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    cscitney87 wrote:
    To note: I've actually been told, by a medical cannabis dispensary owner, that all firearms are banned in such facilities.
    CRS 18-12-214 prohibits licensed concealed carryonly in K-12 schools and facilities with metal detectors that screen every entrant, so I doubt the veracity of the owner. I have previously searched all the CRSs for "firearm", but maybe I missed this one somewhere.

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    I would be EXTREMELY surprised if any jurisdiction has banned guns in dispensaries. There's hardly been any regulation of any sort yet. Colorado Springs and El Paso County are just beginning to put together regulations.

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    It is my undestanding that to carry while in possesion of cannibus is still a federal crime and we can get busted for this on a federal level....I know for a fact that growers cannot carry due to federal law and cannibus.



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    scubabeme
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    "I know for a fact..."--please cite, as is generally done on this forum. Even though we're, for the most part in this forum area, in Colorado, we tend to be "from Missouri."

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    scubabeme wrote:
    "I know for a fact..."--please cite, as is generally done on this forum. Even though we're, for the most part in this forum area, in Colorado, we tend to be "from Missouri."
    Second that

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    McX
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    i think it's ok if you don't inhale. worked for Clinton. sorry, bad joke, but someone had to say it.

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    cscitney87 wrote:
    To note: I've actually been told, by a medical cannabis dispensary owner, that all firearms are banned in such facilities. (Owner complained that he would like to carry but cannot)
    Most of the dispensaries lie within the City and County of Denver where open carry is prohibited. Outside of Denver limits, open carryshouldbelegal just as it is in any other business. Concealed Carry with a permit should be legal in any, even within Denver.

    However, these dispensaries are still private property. If the business decides to post "No Weapons" signs, that trumps.

    It must also be said that just because something is legal, does not necesarily make it a good idea. With the string of dispensary robberies lately, you may end up spending thousands of dollars proving that it was legal.

    All of this is only in regard as to carrying a firearm into such an establishment. I myself will not speculate as to the original question of posession of both items at the same time.

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    Regular Member JamesB's Avatar
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    cscitney87 wrote:
    To note: I've actually been told, by a medical cannabis dispensary owner, that all firearms are banned in such facilities. (Owner complained that he would like to carry but cannot)
    On a different view, only very recently was it decided 'in Denver' that convicted felons could not have dispensaries. It's posible that this particular owner cannot carry for reasons other than the type of business he is in.

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    The Federal ATF enforces a drug policy that includes marijuana. Therefor, being in possession of both marijuana and a firearm may place dispensaries owners and their businesses under the jurisdiction of the ATF rather than just DEA agents.

    Thoughts? That's how it was explained to me by another dispensary owner I just spoke with (not a convicted felon).

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    cscitney87 wrote:
    What are the implications of legally carrying cannabis while legally openly carrying a pistol? From what I can gather- technically- these two cannot be combined and misconstrude as a crime.

    (Amendment 20) Both are Constitutionally protected rights.

    What are your opinions all around?
    My opinion derives from CRS 18-12-106, which states:

    1. A person commits a class 2 misdemeanor if: d. The person has in his or her possession a firearm while the person is under the influence of intoxicating liquor or of a controlled substance, as defined in section 12-22.303 (7) C.R.S.
    Cannibis is a controlled substance.

    Thus, in Colorado, if you use cannibis, even under prescription, possession of a firearm is a class 2 misdemeanor.

    However, as someone previously mentioned, there may be a federal law which further restricts this to simply possessing both cannibis and a firearm, regardless of whether or not you're under its influence.

    A reference would be helpful.
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

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    Regular Member Sonora Rebel's Avatar
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    Do you have to be a lawyer to figure this out? Even what's 'legal' ain't always 'right'. My common sense tells me this ain't right.

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    scubabeme
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    The key phrase here is "under the influence." Merely being in posession of said controlled substance is not "under the influence."

    Although, I don't know how long after "imbibing" it is before not being considered so. So that's a key component.

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    Sonora Rebel wrote:
    Do you have to be a lawyer to figure this out?* Even what's 'legal' ain't always 'right'. My common sense tells me this ain't right.
    Why not?

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    scubabeme wrote:
    The key phrase here is "under the influence."* Merely being in posession of said controlled substance is not "under the influence."

    Although, I don't know how long after "imbibing" it is before not being considered so.* So that's a key component.
    "Under the influence" may not be so easy to prove, in this case. Then again, as they say, you can beat the rap, but you can't beat the ride.

    But, your point remains. It hasn't been shown that misdemeanor possession of marijuana (Federal offense) incurs another charge if a firearm is carried in an otherwise legal manner.

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    The topic is the legality of being in possession of both, not being under the influence of anything. I didn't think I would have to bring it to this but I can see where this thread could head so to clear things up:

    Many of us are responsible for the wellbeing of our loved ones. Most of us bear arms the entire time. One or a few of our loved ones, say great grandma Levine, suffers from MS and medicates with cannabis.

    "Hey grandma. What's that, grandma? Yeah I will take you to go get your medicine, no problem. I love you. See you soon."

    Pick her up- travel to a store (wellness center/dispensary)- travel back to grandma's house and drop her off.

    That's it. Harmless. But illegal? Would I get my pistol taken away in a traffic stop if both items are discovered? That's what I need to know and wanted opinions on. This is a real life situation for many of us. A lot more than will openly admit, as well.

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    cscitney87 wrote:
    Many of us are responsible for the wellbeing of our loved ones.* Most of us bear arms the entire time.* One or a few of our loved ones, say great grandma Levine, suffers from MS and medicates with cannabis.

    "Hey grandma.* What's that, grandma?* Yeah I will take you to go get your medicine, no problem.* I love you.* See you soon."

    Pick her up- travel to a store (wellness center/dispensary)- travel back to grandma's house and drop her off.

    That's it.* Harmless.* But illegal?* Would I get my pistol taken away in a traffic stop if both items are discovered?* That's what I need to know and wanted opinions on.* This is a real life situation for many of us.* A lot more than will openly admit, as well.
    +1 Good question, too. Let's leave intoxication out of this.

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    scubabeme
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    Ya can't leave "intoxication" out of it! The quoted law specifically mentions "under the influence"--if You, the one in posession of the firearm, is not "under..." then according to THAT law it's not a crime. Don't think I'd want to be the test case, but then I don't have any need/desire to partake of that substance, either, so I won't be.

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    Colorado law only considers under the influence.

    The question is, as has been previously alluded to, what do federal laws say about firearm possession + cannibis possession? DEA? BATF? What?
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

  21. #21
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    Found a citation: http://www.law.cornell.edu/uscode/18/924.html

    It's lengthy so I won't copy it here, but if one interprets a medical marijuana dispensary as drug trafficking from a federal viewpoint (as I'm certain the feds would), then according to § 924(c)(1) above, it's a SERIOUS offense. These are the MINIMUM sentences: 5 yearsfor possession, 7 years if it's "brandished" and 10 years if it's discharged.

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    Campaign Veteran marshaul's Avatar
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    scubabeme wrote:
    Ya can't leave "intoxication" out of it! The quoted law specifically mentions "under the influence"--if You, the one in posession of the firearm, is not "under..." then according to THAT law it's not a crime. Don't think I'd want to be the test case, but then I don't have any need/desire to partake of that substance, either, so I won't be.
    That's what I meant by "leave intoxication out of this". Without being "under the influence", it seems no crime has been committed (except the Federal crime of possession itself).

    Speaking of which, if the Federal GFSZ act was originally deemed unconstitutional because it was a purely criminal law matter with no bearing on interstate commerce, I'm not sure the Federal government can prohibit "being under the influence" anyway, when possession itself is not a crime. What has intoxication to do with interstate commerce?

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    Thanks everyone. Until this gets hammered out (non-Federal) I am just sticking with the "don't ask don't tell" policy in a traffic stop. Hope that holds up. It's just a matter of time before this issue is in court.

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    From my post in the Michigan section- they have medical marijuana laws as well

    To sum things up- given that recent case I sited-

    As protected by law- both carrying a pistol and carrying this medicine, in your vehicle or on your persons, is perfectly legal. That said- carrying this medicine in your vehicle, at all, could land you in court with a "driving while ability impaired" or similar charge- if the officer has reason to believe that you have used your medicine lately. Source: http://www.marijuanapassion.com/How-...ur-System.html

    3 days to a month for the average patient to have expelled the metabolites of cannabis out of the body.

    DO NOT admit to using this medicine AT ALL during any traffic stop.
    (same during a Terry stop- while in possession of a firearm- Do Not admit to using this medicine.)

    According to recent events: You will be liable for both operating a motor vehicle while under the influence and you will also be liable for being in possession of the pistol while under the influence. Remember, the legislature considers the metabolites of cannabis as cannabis all the same in relation to being under the influence (aka having the compound in your body) http://www.mapinc.org/newsnorml/v10/n127/a03.html


    Now given the science- and all the variables involved- including the officers intelligence, patience, and empathy towards a "suffering" patient. We know that there are more than one or two officers that still consider this medicine to be an illegal, dangerous, illicit, deadly substance. Be careful and please keep your eyes and ears peeled.

    Update this thread if anyone hears or sees anything else on the matter. Thanks

    In relation to Colorado-
    I believe our officers and legislation is more lax, on the medical marijuana, when considering how much THC is still metabolized in your body- days or weeks after medicating.

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    Why has anyone not pointed how STUPID it is to carry a firearm while impaired?

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