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Medical Marijuana License & Consealed Pistol License

Lammo

Regular Member
Joined
Oct 15, 2009
Messages
580
Location
Spokane, Washington, USA
imported post

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.
 

Lammo

Regular Member
Joined
Oct 15, 2009
Messages
580
Location
Spokane, Washington, USA
imported post

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.
 

Daath 474

Regular Member
Joined
Sep 20, 2009
Messages
113
Location
, Washington, USA
imported post

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."
 

marshaul

Campaign Veteran
Joined
Aug 13, 2007
Messages
11,188
Location
Fairfax County, Virginia
imported post

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.
 

amzbrady

Regular Member
Joined
Mar 1, 2009
Messages
3,521
Location
Marysville, Washington, USA
imported post

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?
 

tannerwaterbury

Regular Member
Joined
Jul 21, 2009
Messages
269
Location
Kelso, Washington, USA
imported post

amzbrady wrote:
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?

California Highway Patrol license :lol::p
 
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