New information on the RMGO Firearms Laws page. The new insert includes information on Medical Marijuana. As the page stands right now- it is incorrect, unrelated to our State laws as they stand, and basically tyrannical in that RMGO is abusing it's position to provide information- when knowingly providing incorrect information. The following is my conversation, sourced, with the Director. It's clear from his response that RMGO cares NOT about the State Law surrounding Medical Marijuana. It's also clear that RMGO cares NOT about the rights of medical marijuana recipients. Read my email and the responses below it.
My message to RMGO... Keep your reservations to yourself. Provide factually correct information or no information. If you make a mistake- correct it. Don't cop some attitude about how weed is the devil's plant.
And here we go-
You guys are Killing me here! You cannot be prescribed medical marijuana. No such pharmacy exists in the entire Nation that can doll out marijuana. (1) However, marijuana can be recommended by a physician. Simply, the State of Colorado has decriminalized the facilitation of use of a federally unlawful medicine. Note that the State registry is strictly confidential.(2) A potential SELLER of firearms would Not knowingly be selling to an abuser of a controlled substance.
For, in Colorado, no documentation is required during private party sales. Unless the information is volunteered there is no legal obstacle in selling to any individual on the State registry as the SELLER would not knowingly be selling to a State registered abuser of a controlled substance (in this case let us not try to sugar coat it).
I suspect that many BUYERS of firearms are marking that they are NOT UNLAWFUL abusers of marijuana when purchasing firearms with an FFL. Thank you for bringing this to the attention of the community. Additionally, if a Sheriff's CHP paperwork requires that an APPLICANT is not an unlawful abuser; the applicant would NOT be an unlawful abuser in so forth as the Sheriff is concerned in his jurisdiction. I would be willing to bet that many CHP holders are also State registered. Also to note; driving while intoxicated by any medicine is dangerous. Handling and carrying a loaded handgun while under the influence of medical marijuana is always illegal.
Thank you for hearing me out.
PS. No, I'm not a registered medical marijuana patient or drug abuser.
http://www.cdphe.state.co.us/hs/medicalmarijuana/FAQs.pdf
1. Why can’t I go to a pharmacy to fill a prescription for medical marijuana?
Pharmacies can only dispense medications that are prescribed. Marijuana is currently classified by the federal government as a Schedule I drug, which means it cannot be prescribed by any health care professional. Amendment 20 allows doctors to recommend marijuana, and it allows patients to grow their own medical marijuana for their private use.
2.How is my confidentiality protected?
Your confidentiality is protected by law and by the procedures used by the registry. No lists of patients or physicians are given out to anyone. Local law enforcement may only contact the registry to verify the information on a specific identification card. The registry database resides on a stand-alone computer and is password protected and encrypted. The office and all of its contents are locked at night when the registry administrator is out of the office.
Medical Marijuana & Firearms Prohibitions
Is it legal to have a medical marijuana prescription and purchase a firearm? No.
Look at the BATFE's 4473 form, called the Yellow Sheet, which you must fill out when purchasing a firearm through a dealer.
http://www.thundertek.net/documents/4473.pdf
Look at question 12 e. It asks a purchaser: “Are you an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any other controlled substance?”
Remember, this is a federal form, so it’s asking if the purchaser is a user to a (federally deemed) unlawful substance. Federal law still considers the use marijuana illegal. So, a legal Colorado user of marijuana could not answer 12 e. with a “No”. And if you answer “Yes”, you can’t buy a firearm from a dealer.
Also, the 1968 Gun Control Act says (TITLE 18 PART I CHAPTER 44 § 922) click here for a link:
(d) It shall be 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—
(3) 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));
Can someone who has a medical marijuana prescription possess a firearm? No.
18 U.S.C. § 922 (g)(3) and 21 U.S.C. § 802 both prohibit anyone who is a user or is addicted to any controlled substance, including marijuana, from possessing, owning, purchasing, receiving, or having within his custody any firearms.
Can someone who has a medical marijuana prescription get a concealed handgun permit? No.
From Colorado Revised Statutes, 18-12-203 Criteria for obtaining a permit
(f) Is not an unlawful user of or addicted to a controlled substance as defined in section 18-18-102 (5). Whether an applicant is an unlawful user of or addicted to a controlled substance shall be determined as provided in federal law and regulations.
So, on every CCW application, you'll see this question:
"Are you an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any other controlled substance?"
So, unless federal law is changed, application for a permit could be denied by a sheriff, since federal law still considers the use of marijuana unlawful.
So you object to the term “prescription”? Fair enough. Our FAQ is not meant to be a legal document, but a simple source for research. But the point is made properly.
I’ve talked to several sheriffs about this issue. All have said that, though they do not have access to that registry, they will deny a permit to anyone whom they determine is a user of “medical marijuana” (there’s a misnomer if I’ve ever heard of one).
There are some who have suggested we recommend people to lie on their applications, but we’ve determined that’s not prudent.
RMGO has not entered into the debate about “medical marijuana”, and won’t. But our FAQ will give what we deem is the best advice.
Dudley Brown
Executive Director
Thank you for the timely response. Your attention and time is appreciated. The information and insight you provided was also a pleasant notice. Who would have thought the Sheriff couldn't run names through the State registry? Huh! It's very private. More private than I had originally estimated. Anyway; I understand an FAQ is just that, if you can or cannot alter some of the text that's fine. Again, thank you for responding. As always and as a firearm owner, I do appreciate what Rocky Mountain Gun Owners Association does for our country.
We can alter anything we wish. It’s just that we post our opinion on what will be deemed legal and what won’t.
Put simply, I believe if you use medical marijuana and a sheriff has any inkling of it, he will deny your permit application.
Let’s all be honest: marijuana is all but legal in Colorado now. I see all those “sick and dying” 20 year old douchebags who hang around the MMJ businesses, and we know the vast majority (I’ll stick my neck out at say 85-90%) aren’t using it for medicine.
They might get away with purchasing a firearm, but that doesn’t mean it’s legal.
Dudley Brown
Executive Director
