Legalities of Medical Marijuana & CCW/background check forms.

I had an acquaintance who was asking me about OC and CC, and we got to talking about the forms you fill out with a FFL where it says something about Drug treatment, etc.. and he said he would love to get his CCW as well as OC, but he thought that because he was a card carrying LEGAL, prescribed medical marijuana patient that he might be denied purchase or the CCW.

I was/am stumped. I have no idea if being a Med. Maryjane patient would prevent him in this efforts. I mean I know that they don't ask you if you take insulin because you are diabetic.. so would they even ask re the marijuana? and whether they did or did not ask, would an honest answer keep him from buying/wearing/legally concealing a firearm??

Anyone have any clue?

(I was not sure exactly where to ask this.. but since the guy is here in NV with me, I figured I'd start here)

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Interesting question. I'd like to see what everybody else thinks as well, but will offer my opinion. I can very much see the possibility of denied the purchase. Medical marijuana card or not, it is still illegal according to the federal government. All a medical marijuana card does legally is prevent the state or local government from prosecuting, it doesn't prevent the federal government from prosecuting, and by that stance, I could see how admitting to illegal activity (in the eyes of the federal government) might be grounds for denial in the background check.

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The original message is a bit old but still worth discussing.

I know someone that has both a CCW and medical marijuana card from the state of Nevada. A FFL might be different since MM is still not allowed by federal law...there is some tolerance, but still illegal.

I the one case that I am familiar with he got a CCW a few months (maybe 3 or 4) before getting his MMC. Fingerprinting is required for both. And yes, he had to get fingerprinted twice and pay two FBI fees. If he had done them at exactly the same time it might have been different...though no one could give him a straight answer on that one.

It is illegal to carry while "under the influence" of many substances including some prescription meds, marijuana, and alcohol. The problem, IMHO, with marijuana testing is that they're actually testing for the metabolites and not THC so it doesn't really show if you're currently impaired.

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Kathy England wrote:

The original message is a bit old but still worth discussing.

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The original message was posted today... at 2pm... :?

I the one case that I am familiar with he got a CCW a few months (maybe 3 or 4) before getting his MMC.

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Might not be the same scenario as the OP was asking, though it does shed some hope. In effect, the person you knew got a Medical Marijuana card even though he already had a CCW. OP is wondering about the exact opposite. Having both is having both so it shouldn't make a different, but it still may.

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gmijackso wrote:

Kathy England wrote:

The original message is a bit old but still worth discussing.

Click to expand...

The original message was posted today... at 2pm...

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Oops...I was looking at the joined date in 2006. Sometimes I can read.

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Oh yeah, the NV MM program is supposed to be completely confidential and no one outside of the department should be able to access the information. Now if that policy is followed...who knows. I'm also not sure what confidentiality rights you sign away on the application.

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A link to a third party discussion board on this specific topic. I can't vouch for them, and they may be no more of an authority than anyone here, but it's another avenue to look at.

http://medicalmarijuanareferrals.co...pic_id=289&forum=1&post_id=2300#forumpost2300

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A friend of mine had a MM and CCW...he was pulled over for only one license plate on his car...when they walked up to his car they smelled POT...the cop ask him if he was smoking...he said no but when the cop checked they found a joint on him...my friend told them he had a MM....They arrested him for DUI, towed his car and confiscated his gun which was in the car. He went to court..found guilty of DUI and lost his licence and CCW .... The gun is still at the police station waiting for him to clear things up......
I dont know if it would be worth the hassle....


Maybe he could use the defense from the Declaration of Independence. ... "Life, Liberty, and the Pursuit of Happiness"….. lol

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Kathy England wrote:

The original message is a bit old but still worth discussing.

I know someone that has both a CCW and medical marijuana card from the state of Nevada. A FFL might be different since MM is still not allowed by federal law...there is some tolerance, but still illegal.

I the one case that I am familiar with he got a CCW a few months (maybe 3 or 4) before getting his MMC. Fingerprinting is required for both. And yes, he had to get fingerprinted twice and pay two FBI fees. If he had done them at exactly the same time it might have been different...though no one could give him a straight answer on that one.

It is illegal to carry while "under the influence" of many substances including some prescription meds, marijuana, and alcohol. The problem, IMHO, with marijuana testing is that they're actually testing for the metabolites and not THC so it doesn't really show if you're currently impaired.

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This is why drug tests, like BAC tests, ought not to be sufficient for any conviction. They ought to have no more value than as corroborating evidence for an otherwise solid intoxication offense.

Guy stumbling around? Don't need a BAC test, even as it is now.

Guy coherent enough it takes a blood test to know he's been drinking? He's probably in better control than the cop. Why should he be prohibited from whatever?

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Kathy England wrote:

It is illegal to carry while "under the influence" of many substances including some prescription meds, marijuana, and alcohol.

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I believe you're OK up until .10 BAC in the state of Nevada, although I don't advise drinking and carrying.

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Correct, 0.10 is the limit. The law is NRS 202.257

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I am not a doctor but I think I have read that 0.10 computes to 1 beer consumed in 1 hr...Of course there is always exceptions to every rule...
I cant remember when i couldn't drink 1 beer in 1 hr...lol......
It is a very good idea not to carry a weapon and mix it with booze....

Just my opinion...

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I would never advocate carrying under the influence of ANY substance at a level of impairment, including Nyquil, but of course that level is subjective. My curiosities lie not in the legality of carrying while "medicated" per say, (which is a whole other ball of hair) but rather on the legality of obtaining or holding either a CCW permit, or just a simple FFL purchase.

I agree that I can (and should be allowed to) carry in a bar, and I do so, on the rare occasion I might have reason to be in a bar these days... but then I don't drink, and I would not personally carry if I had imbibed anything more than one beer, or I suppose, one "hit" if I were so inclined...

According to the "Dr. Reefer" Medical MJ link, (thanks Tim) you CAN hold a CCW and a MM card at the same time, but not a CDL... (which makes sense to me) but as I see it,that site is selling a service to get you through the application process.. (at $300, btw) and I am not sure I would just blindly take that as legal gospel. I guess the guy asking needs to talk with a Lawyer specifically about this issue.

Thanks for the responses though, everyone.. Struck me as an interesting question.

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Here is another thought .......
On the ATF form 4473...
question ; 11, sub part ;e.... "are you an unlawful user of, or addicted to MJ, etc..etc...or any other elegal substance????

To answer this with a NO...would be an untruth...which under the federal law is punishable by 10 years or $250,000....

under the law if you lie to a officer of the law it can be classified as a felony...

so do you think the state would issue you a CCW, when by the letter of the law you would be ineligible in the eyes of the feds....


maybe it would be simpler if you were to just quit tokin for a while, through the MM card away then do your CCW....

But it is just my opinion....

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I'm pretty sure one's sincere belief that one's actions' legality under state law is sufficient for those actions to disqualify as "unlawful use of" is sufficient to escape a charge of lying on the form.

As I understand it, the standard for truthfulness on such forms is essentially "to the limits of your understanding" or "to the best of your ability".

In essence, they'd have to prove you willfully lied, and the existence of state law rendering your behavior lawful in-state would make this very hard to prove.

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And of course you are correct...Marshal....
I have to say it would be a question for a lawyer...

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On this forum, I've often made the argument that state preemption overrides local laws. The reason I don't feel the same way about the federal law overriding state law is the 10th Amendment to the US Constitution:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Obviously, the federal government has taken way more power than the Constitution allows, whether it be through blatant disregard for the 10th amendment, or more sneaky, by mandating state legislatures make changes to state law or face losing federal funding. The DUI law is a perfect example. See NRS 484.379. It appears twice because the first one applies due to federal law requiring it, and the other one reads it becomes effective (again) when the federal law is repealed.

http://www.leg.state.nv.us/Nrs/NRS-484.html#NRS484Sec379

As far as the NV CCW permit goes, there doesn't seem to be anything that prohibits also having a MM card. I wonder though whether the same is true for say, the UT or FL permits... But yes, if it's important enough to you, check with a lawyer.

I'm willing to bet some of the free attorney services would be able to help you, or even if you had to pay an attorney for an hour service to write you a letter giving his opinion.

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I think it should just be legalized and taxed, period.
Or just grow it yourself without having to worry about getting thrown in jail.

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doninvegas wrote:

Here is another thought .......
On the ATF form 4473...
question ; 11, sub part ;e.... "are you an unlawful user of, or addicted to MJ, etc..etc...or any other elegal substance????

To answer this with a NO...would be an untruth...which under the federal law is punishable by 10 years or $250,000....

under the law if you lie to a officer of the law it can be classified as a felony...

so do you think the state would issue you a CCW, when by the letter of the law you would be ineligible in the eyes of the feds....


maybe it would be simpler if you were to just quit tokin for a while, through the MM card away then do your CCW....

But it is just my opinion....

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Yep answering on paper can come and bite you later on in life. My best friend and I both joined the air force in 1976, he answered on paper that he had smoked pot but doesn't anymore. 2 years later when they stopped him randomly at the front gate of Nellis AFB and caught him with pot, they looked up his original enlistment papers, saw that he smoked pot at least 2 years ago and kick him out with a dishonorable for being a long time user.

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doninvegas wrote:

Here is another thought .......
On the ATF form 4473...
question ; 11, sub part ;e.... "are you an unlawful user of, or addicted to MJ, etc..etc...or any other elegal substance????

To answer this with a NO...would be an untruth...which under the federal law is punishable by 10 years or $250,000....

Click to expand...

If he is a legal MM user, then the correct answer would be "no". The question asks if you are an "illegal user" of marijuana.

There are many federal laws against marijuana: importing, distributing, dealing, and even possession... but unless someone can provide a cite to the contrary, I don't believe there is a federal law against simple personal use of marijuana.