• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Legalities of Medical Marijuana & CCW/background check forms.

doninvegas

Regular Member
Joined
Sep 12, 2009
Messages
243
Location
Henderson, ,
imported post

If MM was legal and acceptable one should be able to get a state issued CDL, workers compensation, fight getting fired for smoking it, or hold a government job..or even stay out of jail if caught with MJ…..All I know is what happened to my friend last year as I mentioned above …He was arrested for DUI just because the cop smelled it, Lost his CCW and still don’t have his gun or DL back…Clark county is very harsh….and yes he had an atty….But they let him keep his MM card….
I guess maybe some one should just give it a try and let us know?????

just my opinion....
 

.45lover

New member
Joined
May 17, 2011
Messages
1
Location
California
Question

I already have a MMC and I have a question. I want to obtain a ccw but I am uneasy about the background check. Will my MMC show up in the check? Someone please answer this question for me. Thank you!
 

marshaul

Campaign Veteran
Joined
Aug 13, 2007
Messages
11,188
Location
Fairfax County, Virginia
....I have a question....

First of all, it might be a good idea to, you know, talk about other people in your circumstance (rather than yourself), since you are skating around the edge of the law. You know -- not that I know -- but according to someone else, that's what people do on the internet when discussing behavior they'd rather not be tied to. ;)

But, you know, say you had a friend in your circumstance. Well, your friend is in a legal grey area. This very issue is currently working its way through the Oregon supreme court, but of course Oregon is not California.

First of all, I'm not sure why your friend would have got the "card". Bad idea, IMHO. I would never advise going on a government list if there isn't a gun to your head. And in California the card isn't required to benefit from prop 215, SB420 and resulting case law. Maybe you can ask about taking your name off the list? I dunno if they can do that. A doctor's recommendation is confidential doctor-patient privilege, but who knows what confidentiality those cards have?

As for whether the locally-issued ID cards are reported to sheriffs and police, I really have no idea. What county do you live in? There's a few where I would advise just going ahead and submit an application. Worst they're gonna do is deny you.
 
Last edited:

DVC

Regular Member
Joined
May 12, 2010
Messages
1,185
Location
City? Who wants to live in a CITY?, Nevada, USA
Instead of arguing about how many angels can dance on the head of a pin, maybe we should just demand that Federal candidates promise to legalize medical marijuana.

It's INSANE that the last three presidents have been sending ninjas to break down doors and kill people who do the same thing that they OPENLY ADMIT having done!

It's INSANE that a doctor can prescribe the most dangerous and addictive "controlled substances" -- or even RAT POISON -- but not something which the Feds didn't even care about until the 1960s.

When I can say that -- I don't use dope, I don't smoke, I don't drink alcohol, I don't even drink COFFEE -- how can anyone who does use those things think that the Dope War is a good thing?
 

Felid`Maximus

Activist Member
Joined
Nov 12, 2007
Messages
1,714
Location
Reno, Nevada, USA
First of all, I'm not sure why your friend would have got the "card". Bad idea, IMHO. I would never advise going on a government list if there isn't a gun to your head.

He's on one government list "MMC" and wants to get onto another government list "CFP."

.45 lover, is this question about the California CC permit or an NV permit?

For an NV permit here are the requirements:

NRS 202.3657 Application for permit; eligibility; denial or revocation of permit.
1. Any person who is a resident of this State may apply to the sheriff of the county in which he or she resides for a permit on a form prescribed by regulation of the Department. Any person who is not a resident of this State may apply to the sheriff of any county in this State for a permit on a form prescribed by regulation of the Department. Application forms for permits must be furnished by the sheriff of each county upon request.
2. Except as otherwise provided in this section, the sheriff shall issue a permit for revolvers, one or more specific semiautomatic firearms, or for revolvers and one or more specific semiautomatic firearms, as applicable, to any person who is qualified to possess the firearm or firearms to which the application pertains under state and federal law, who submits an application in accordance with the provisions of this section and who:
(a) Is 21 years of age or older;
(b) Is not prohibited from possessing a firearm pursuant to NRS 202.360; and
(c) Demonstrates competence with revolvers, each specific semiautomatic firearm to which the application pertains, or revolvers and each such semiautomatic firearm, as applicable, by presenting a certificate or other documentation to the sheriff which shows that the applicant:
(1) Successfully completed a course in firearm safety approved by a sheriff in this State; or
(2) Successfully completed a course in firearm safety offered by a federal, state or local law enforcement agency, community college, university or national organization that certifies instructors in firearm safety.
Ê Such a course must include instruction in the use of revolvers, each semiautomatic firearm to which the application pertains, or revolvers and each such semiautomatic firearm and in the laws of this State relating to the use of a firearm. A sheriff may not approve a course in firearm safety pursuant to subparagraph (1) unless the sheriff determines that the course meets any standards that are established by the Nevada Sheriffs’ and Chiefs’ Association or, if the Nevada Sheriffs’ and Chiefs’ Association ceases to exist, its legal successor.
3. The sheriff shall deny an application or revoke a permit if the sheriff determines that the applicant or permittee:
(a) Has an outstanding warrant for his or her arrest.
(b) Has been judicially declared incompetent or insane.
(c) Has been voluntarily or involuntarily admitted to a mental health facility during the immediately preceding 5 years.
(d) Has habitually used intoxicating liquor or a controlled substance to the extent that his or her normal faculties are impaired. For the purposes of this paragraph, it is presumed that a person has so used intoxicating liquor or a controlled substance if, during the immediately preceding 5 years, the person has been:
(1) Convicted of violating the provisions of NRS 484C.110; or
(2) Committed for treatment pursuant to NRS 458.290 to 458.350, inclusive.
(e) Has been convicted of a crime involving the use or threatened use of force or violence punishable as a misdemeanor under the laws of this or any other state, or a territory or possession of the United States at any time during the immediately preceding 3 years.
(f) Has been convicted of a felony in this State or under the laws of any state, territory or possession of the United States.
(g) Has been convicted of a crime involving domestic violence or stalking, or is currently subject to a restraining order, injunction or other order for protection against domestic violence.
(h) Is currently on parole or probation from a conviction obtained in this State or in any other state or territory or possession of the United States.
(i) Has, within the immediately preceding 5 years, been subject to any requirements imposed by a court of this State or of any other state or territory or possession of the United States, as a condition to the court’s:
(1) Withholding of the entry of judgment for a conviction of a felony; or
(2) Suspension of sentence for the conviction of a felony.
(j) Has made a false statement on any application for a permit or for the renewal of a permit.
4. The sheriff may deny an application or revoke a permit if the sheriff receives a sworn affidavit stating articulable facts based upon personal knowledge from any natural person who is 18 years of age or older that the applicant or permittee has or may have committed an offense or engaged in any other activity specified in subsection 3 which would preclude the issuance of a permit to the applicant or require the revocation of a permit pursuant to this section.
5. If the sheriff receives notification submitted by a court or law enforcement agency of this or any other state, the United States or a territory or possession of the United States that a permittee or an applicant for a permit has been charged with a crime involving the use or threatened use of force or violence, the conviction for which would require the revocation of a permit or preclude the issuance of a permit to the applicant pursuant to this section, the sheriff shall suspend the person’s permit or the processing of the person’s application until the final disposition of the charges against the person. If a permittee is acquitted of the charges, or if the charges are dropped, the sheriff shall restore his or her permit without imposing a fee.
6. An application submitted pursuant to this section must be completed and signed under oath by the applicant. The applicant’s signature must be witnessed by an employee of the sheriff or notarized by a notary public. The application must include:
(a) The name, address, place and date of birth, social security number, occupation and employer of the applicant and any other names used by the applicant;
(b) A complete set of the applicant’s fingerprints taken by the sheriff or his or her agent;
(c) A front-view colored photograph of the applicant taken by the sheriff or his or her agent;
(d) If the applicant is a resident of this State, the driver’s license number or identification card number of the applicant issued by the Department of Motor Vehicles;
(e) If the applicant is not a resident of this State, the driver’s license number or identification card number of the applicant issued by another state or jurisdiction;
(f) The make, model and caliber of each semiautomatic firearm to which the application pertains, if any;
(g) Whether the application pertains to revolvers;
(h) A nonrefundable fee in the amount necessary to obtain the report required pursuant to subsection 1 of NRS 202.366; and
(i) A nonrefundable fee set by the sheriff not to exceed $60.
(Added to NRS by 1995, 2721; A 1997, 1175; 2001, 612, 618, 2579; 2003, 8, 11; 2007, 3151
 
Last edited:

Felid`Maximus

Activist Member
Joined
Nov 12, 2007
Messages
1,714
Location
Reno, Nevada, USA
Under 202.360, you cannot possess a firearm if you are a:
unlawful user of, or addicted to, any controlled substance.

So who knows whether one with a MMC would be denied or allowed. Lawful according to CA but not the Feds.
 

azpilot

New member
Joined
Aug 9, 2011
Messages
6
Location
Maricopa, AZ
My Understanding of the MM law is that even though some states allow this by their law, Federal still trumps that and if a big enough stink is raised then Federal law takes over. This is playing out in AZ right now, because of the issue's brought up about the border and immigrants coming across and the state trying to get the Feds to do something about this, they are going after the MM laws that were passed and not allowing them to start operation. Both state and feds have been going back and forth on this issue for some time now in AZ. The document you fill out to me is pretty self explanatory, it says "unlawful use of, or addicted to, any controlled substance." so this would mean you can not OC or get a CC permit.
 

Vault

New member
Joined
Nov 24, 2009
Messages
3
Location
Sparks, Nevada, USA
Doesn't the local Sheriff issue the concealed card and not the fed. So if it is legal in the state would it not matter if it is legal for the fed? The fed just does the background check, right?
 

DVC

Regular Member
Joined
May 12, 2010
Messages
1,185
Location
City? Who wants to live in a CITY?, Nevada, USA
Moderator,
Will you close this thread? MM is illegal at the Federal level and the OP was about CC not OC.

MM is legal in several states. If we can't talk about things which are legal at the state level but illegal at the Federal level, then that spikes any discussion of OC, because there are plenty of places where Federal law prohibits it.

If this thread offends you, don't read it, instead of demanding censorship.
 

DON`T TREAD ON ME

Regular Member
Joined
May 17, 2009
Messages
1,231
Location
Las Vegas, Nevada, USA
MM is legal in several states. If we can't talk about things which are legal at the state level but illegal at the Federal level, then that spikes any discussion of OC, because there are plenty of places where Federal law prohibits it.

If this thread offends you, don't read it, instead of demanding censorship.



Well Put!
 

gmijackso

Regular Member
Joined
Jan 31, 2010
Messages
208
Location
Las Vegas, Nevada, USA
BATFE Ruling

The BATFE as issued an open letter regarding this, and the short answer is that you would be expected to answer "Yes" to question 11.e regarding the use and/or addiction to an illegal or controlled substance. Answering "Yes" to the question would make you ineligible for a purchase of a firearm. Also, as an "unlawful user of a controlled substance" you would not legally be allowed to posses firearms or ammunition.

http://www.nssf.org/share/PDF/ATFOpenLetter092111.pdf
 

MilProGuy

Regular Member
Joined
Jul 7, 2011
Messages
1,210
Location
Mississippi
...the short answer is that you would be expected to answer "Yes" to question 11.e regarding the use and/or addiction to an illegal or controlled substance.

Answering "Yes" to the question would make you ineligible for a purchase of a firearm.

Also, as an "unlawful user of a controlled substance" you would not legally be allowed to posses firearms or ammunition.

http://www.nssf.org/share/PDF/ATFOpenLetter092111.pdf

This is the way it is...unless the BATF goes belly-up and is dismantled.



 

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
Remember when we used to be proud of our criminal founders, who didn't just obey laws but rebelled and dumped tea in the ocean, because they disagreed with a law.
 

giantsfan24

New member
Joined
Dec 18, 2011
Messages
4
Location
Placer County, CA
I know it to be fact that in California, getting your prescription for MM doesn't go into any government database. The records are kept with the referring physician and names of patients who have prescriptions are not released to any government agency. It's not a card, per se, just a prescription like any other.

I have a friend who is a light user for back pain. It helps him sleep and he only uses it once in a blue moon, so he says, to avoid surgery. Helps him sleep I guess. Upstanding member of the community. He is applying for his CCW right now.

Just what I know..

EDIT: The only way LE could find out is if you've participated in the voluntary California MMP and have been issued an ID card from the state. Those records can be viewed by law enforcement but if you haven't done that, it's between the doctor and patient just like a regular prescription.

Please understand...my belief is that the two don't mix but this is what I've discussed with my associate.

Additionally, the 215 law or whatever it's called, clearly states that patients cannot be refused any rights due them just because of the prescription. But I can't imagine that a sheriff would issue to a known prescription holder.

It sure seems like a grey area to me being "legal" statewide yet illegal from the federal standpoint. I just don't believe that the two mix. Doesn't seem wise.
 
Last edited:

Tess

Founder's Club Member
Joined
Jun 15, 2006
Messages
3,837
Location
Bryan, TX
Since the thread is fresh again, as of today ...

The form asks if you're an ILLEGAL user of said drug, and/or addicted.

Is a medical marijuana not a permitted user? It may be illegal at one level and legal at another. If that person honestly believes the MM card makes him/her a *legal* user, s/he could answer the question in the negative with a clear conscience.

I too understand the use is illegal under federal rules, but I wonder about the dichotomy.
 

giantsfan24

New member
Joined
Dec 18, 2011
Messages
4
Location
Placer County, CA
My thought is that it's a very grey area. If you have a state registered card and are a legal prescription holder, you just would be denied. If you're legal from the state perspective, it seems as if you answer no if you weren't addicted to it.

Because it's at the state level, the ccw, I can see where one who has an mmj prescription could answer no. But an FFL is another issue altogether.

This is all mute if you aren't registered in the state system as no one has access to your records but your physician. You don't want to be under the influence of ANYTHING and carry around a firearm...just dumb in my opinion.
 
Top