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Thread: Medical Marijuana License & Consealed Pistol License

  1. #1
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    A friend today asked me, "Is it possible having both your medical marijuana license and a concealed pistols license?

    Lets say you didn't have either, Should you:

    A: Go after your CPL first, then go after your Medical Marijuana License.

    Or

    B: Go after your Medical Marijuana License first, then go after your CPL.


    What if you wanted to have both? Is this legal, and would they give you a CPL?

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    Know what HIPPA is?

    When he applies for his CPL they will have absolutely no way of knowing that he has a medical marijuana license unless he says something.





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    Crypto wrote:
    A friend today asked me if this is possible having your medical marijuana license and applying for a concealed pistols license?

    Basically I want to know if he should go after the CPL first? Or Go after the marijuana license first?

    He wants to be able to have both? Is this legal?
    The CHP license will most likely be revoked if they find out you have a license for medical marijuana.

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    eddyys wrote:
    The CHP license will most likely be revoked if they find out you have a license for medical marijuana.
    Do you have anymore research on why they would revoke it?

    Can I see a RCW?

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    eddyys wrote:
    Crypto wrote:
    A friend today asked me if this is possible having your medical marijuana license and applying for a concealed pistols license?

    Basically I want to know if he should go after the CPL first? Or Go after the marijuana license first?

    He wants to be able to have both? Is this legal?
    The CHP license will most likely be revoked if they find out you have a license for medical marijuana.
    Nope. Not legally. How would they find out though.

    The key phrasing is "illegal marijuana user."

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    OH WOW....Man...

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    BrenTen wrote:
    OH WOW....Man...
    Great contribution! I never thought of it that way!

    /sarcasm

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    Its a really interesting question isn't it.

    What would a cop say if you were driving smoking a joint and had a pistol on your hip and he pulled you over?

    Its all very interesting.

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    Crypto wrote:
    Its a really interesting question isn't it.

    What would a cop say if you were driving smoking a joint and had a pistol on your hip and he pulled you over?

    Its all very interesting.
    I don't really picture a medical user smoking a joint while driving around but I suppose some would.

    You show the medical license to prove that you're not an illegal user and that's that. If they say it's illegal ask for a cite, if they take your gun you have an awesome law suit!

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    Regular Member BrenTen's Avatar
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    Driving while impaired?

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    Regular Member Batousaii's Avatar
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    Same is driving with a prescription for codeine... if your impaired, they may slam you for it. -- Just my perspective.
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    And even though there may be a "license" for the state, it is still a federal violation. It is one of the questions asked on the 4473 when you purchase from an ffl dealer.

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    Batousaii wrote:
    Same is driving with a prescription for codeine... if your impaired, they may slam you for it. -- Just my perspective.
    Indeed,I kinda forgot about that part.

    Trigger Dr wrote:
    And even though there may be a "license" for the state, it is still a federal violation. It is one of the questions asked on the 4473 when you purchase from an ffl dealer.
    Actually they ask you if you are an illegal user. I just filled one out tonight. :celebrate

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    kito109654 wrote:
    I just filled one out tonight. :celebrate

    What did you get? Wanna test it out next week? Let's go to the pit!

    I am the person responsible for myself, my wife and my son. I take that VERY seriously.

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    tyguy808 wrote:
    kito109654 wrote:
    I just filled one out tonight. :celebrate

    What did you get? Wanna test it out next week? Let's go to the pit!
    PM sent.

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    Is the medical cannabis license new? From what I know of the law, it's just that the doctor has to diagnose you with certain conditions, talk to you about pot, and certain other things. I thought the "license" was just something those co-ops made so medical marijuana addicts can easily be identified by sellers and cops as legal users.
    But aren't we all forgetting why marijuana was outlawed in the first place? It's a proven fact that it makes normal people violent, is extremely addictive, and according to expert testimony before Congress in the 1930s, it causes white women to be attracted to the African American male. Ronald Reagan even warned us that it was the most dangerous drug in America. It's estimated that marijuana is the sole cause of more than 100 traffic deaths, and alcohol only has about 20,000 deaths per year to it's name.

    But to answer the question, they could not legally deny you. The RCW plainly says they cannot modify the requirements or even ask you additional questions.
    The Feds, on the other hand, can, because the power to regulate commerce between the States means they can make any law about anything. But you could argue the point about "illegal drug user," since under State law it's legal. But then they'd bring in the USC, and if you fired back with the 10th Amendment or some other outdated legal document we'd probably hear about a task force raiding the home of a heavily-armed drug trafficker/political extremist ("details are still coming in; casualties are not yet known...")

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    I would think since medical mary jane is by script only, that there would be some patient confidentiality, andeven thoughit is a prescribed drug, you could get busted for driving under the influence. If someone finds a doc handing out scripts let me know. If I can smoke it legally, oh wow man.
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    amzbrady wrote:
    I would think since medical mary jane is by script only, that there would be some patient confidentiality, andeven thoughit is a prescribed drug, you could get busted for driving under the influence. If someone finds a doc handing out scripts let me know. If I can smoke it legally, oh wow man.
    Washington law is very simple and clear on the matter (for once). You must have one of the specific listed conditions for which it is approved.

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    Hey but they are debating on whether to now sell it in liquor stores or not. I am not a user but feel this is one small step toward freedom if done so.
    I am not anti Cop I am just pro Citizen.

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    Crypto wrote:
    eddyys wrote:
    The CHP license will most likely be revoked if they find out you have a license for medical marijuana.
    Do you have anymore research on why they would revoke it?

    Can I see a RCW?
    There was a news story about CCW permits being revoked because persons had medical marijuana licenses in Washington.

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    Well, I just lost a whole long post on this topic full of statutory citations and all sorts of other good stuff. That'll teach me to do it all in Word first and then copy and paste.Here's what I have time to recreate:

    1) There is no such thing as a "medical marijuana license" in this state. There is an affirmative defense to possession of marijuana based on medical documentation.

    2) There is nothing that I can find in RCW 9.41 that would preclude a CPL holder from also being a medical marijuana user.

    3) There is nothing in WA medical marijuana law that would prevent the feds from prosecuting you for unlawful possessionof a firearm because as far as they are concerned you would be an unlawful user of controlled substances.

    4) There are waiver provisions and a requirement to provide information to law enforcement and/or courts so I don't think a medical marijuana user would be able to hide behind HIPPA.

    5) Your firearm can be forfeited if you are under the influence of any drug in a place where a CPL is required. Medical marijuana documentation would not be a defense to the forfeiture, nor would it be a defense to DUI.

    Statutory references: RCW 9.41.040, .050,.070,.098; RCW 69.51A.040;18 US Code 922(g)(3); 21 US Code 844


    None of the aboveconstitutes legal advice or shall be construed to establish an attorney-client relationship.


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    kito109654 wrote:
    amzbrady wrote:
    I would think since medical mary jane is by script only, that there would be some patient confidentiality, andeven thoughit is a prescribed drug, you could get busted for driving under the influence. If someone finds a doc handing out scripts let me know. If I can smoke it legally, oh wow man.
    Washington law is very simple and clear on the matter (for once). You must have one of the specific listed conditions for which it is approved.
    You don't get a prescription, you have medical records or you get a letter from a doc that says you "may benefit from the medical use of marijuana". Every one that I have seen has been on a fill in the blank form letter and almost all of them have been from the same "doctor". This person appears to believe that a block of concrete may benefit from the medical use of marijuana.


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    In WA state a medical marijuana prescription is only a 'note' that is hand written by your doctor stating that he believes marijuana could be beneficial to your condition. There is no 'marijuana card' like you see in California and some other places. The chances of anyone knowing you even had the card is very, very slim. Unless you go around telling everyone...

    Now, this does not give you the right to be intoxicated in any way in public, whether it is legal prescribed medicine or otherwise. You are not supposed to be intoxicated and carrying a pistol at all. So you would likely lose your CPL if you were carrying marijuana, smoking it or admitted to being under the influence.

    Simply use the medicine at home like you would anything else. Carry and drive responsibly and you should have no problems at all.

    *NOTE* When you are signing the information to make a purchase for any firearm, they ask you if you are "addicted" to any drugs including marijuana. The key word here is addiction and you're not lying if you are not "addicted."

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    Just a little FYI, in California there is no card needed. It is optional and exists, supposedly, for ease of identification, but it is by no means necessary, even if one wishes to visit "clubs" to purchase medicine.

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    eddyys wrote:
    Crypto wrote:
    eddyys wrote:
    The CHP license will most likely be revoked if they find out you have a license for medical marijuana.
    Do you have anymore research on why they would revoke it?

    Can I see a RCW?
    There was a news story about CCW permits being revoked because persons had medical marijuana licenses in Washington.
    Whats a CHP license?
    If you voted for Obama to prove you are not a racist...
    what will you do now to prove you are not stupid?

    "The American people will never knowingly adopt socialism. But, under the name of "liberalism," they will adopt every fragment of the socialist program, until one day America will be a socialist nation, without knowing how it happened." - Norman Thomas

    "They who can who can give up essential liberty to obtain a little temporary safety, deserve niether liberty nor safety." - Ben Franklin

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