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Legalities of Medical Marijuana & CCW/background check forms.

Aknazer

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Mar 6, 2011
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California
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.

I shouldn't have to give up my ability to defend myself just because I'm under the "influence" of something. The choice to not carry should be up to the individual based off of how they know the drugs to affect them. Of course this requires individuals to be responsible and for us to hold them properly accountable when they have lapses in judgement.
 

KBCraig

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Granite State of Mind
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.
Q: Are you a user?
A: No, I quit.
Q: When?
A: Last night, but it doesn't matter; if I'm not using, I'm not a user.
 

KBCraig

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Now that I think about it, I'm unable to find any federal law that makes simple use of marijuana illegal.

The Controlled Substances Act makes it illegal to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance (or counterfeit controlled substances) that is on Schedule I. Nothing there about mere possession or use.
 

giantsfan24

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Joined
Dec 18, 2011
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Placer County, CA
Now that I think about it, I'm unable to find any federal law that makes simple use of marijuana illegal.

The Controlled Substances Act makes it illegal to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance (or counterfeit controlled substances) that is on Schedule I. Nothing there about mere possession or use.

I'm pretty sure that has been debated in court time and time again but your point is well taken. I don't care who uses what as long as it's "legal". I don't see the need to disclose that you're legally using any prescription medication. That is between you and your physician. MM is just a grey area. It hasn't been addressed so far as I can find.

So should I tell them I'm addicted to Cialis? :lol:

I know many people who have CCW's and there are some I would question the mental capacity to handle such an enormous responsibility.

Aknazer...I get it..I do..
 
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kemo

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Sep 15, 2011
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Antigo,WI
Last night I saw a show on The Discovery channel on drugs. They tested what drugs does to a persons body. They had a guy on there that had been smoking marijuana for 40 years and his body didn't have a sense urgency like it should have. When put in a stressful situation there should be a flight or flight response. he had neither. There has been many studies that show drugs and alcohol impair judgement. So people think it is still a good a good idea to mix drugs and firearms. I personally don't. If your body can't make rational dicisions when under stress you will be the victim not the survivor. So good luck if you want to support this stupid idea. Good luck with it. There is no way we should support this. It is not safe to be impaired and handling firearm.
 

giantsfan24

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Placer County, CA
Last night I saw a show on The Discovery channel on drugs. They tested what drugs does to a persons body. They had a guy on there that had been smoking marijuana for 40 years and his body didn't have a sense urgency like it should have. When put in a stressful situation there should be a flight or flight response. he had neither. There has been many studies that show drugs and alcohol impair judgement. So people think it is still a good a good idea to mix drugs and firearms. I personally don't. If your body can't make rational dicisions when under stress you will be the victim not the survivor. So good luck if you want to support this stupid idea. Good luck with it. There is no way we should support this. It is not safe to be impaired and handling firearm.

Agreed..It should be more clearly addressed in the law but so should many things.
 

marshaul

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Joined
Aug 13, 2007
Messages
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Fairfax County, Virginia
Last night I saw a show on The Discovery channel on drugs. They tested what drugs does to a persons body. They had a guy on there that had been smoking marijuana for 40 years and his body didn't have a sense urgency like it should have. When put in a stressful situation there should be a flight or flight response. he had neither. There has been many studies that show drugs and alcohol impair judgement. So people think it is still a good a good idea to mix drugs and firearms. I personally don't. If your body can't make rational dicisions when under stress you will be the victim not the survivor. So good luck if you want to support this stupid idea. Good luck with it. There is no way we should support this. It is not safe to be impaired and handling firearm.

Anecdotes on the Discovery channel = science. :rolleyes:

And how exactly does one's body make rational decisions?
 

kemo

Regular Member
Joined
Sep 15, 2011
Messages
92
Location
Antigo,WI
Your body and mind is one. When you impair the brain with drugs or alcohol, your body does not react as it should. The thought that drugs don't impair your body is wrong. It slows reaction time and muscle control. With marijuana it slows reaction time and thought process. I have seen people who have smoked marijuana and they have short term memory loss. They have a tendency to become a space cadet. (notice sarcasm) The thought of someone of someone who is impaired handling a firearm is ignorant. Some people who condone this should rethink their stance. Would you want some one who has just smoked marijuana go shooting with you? I think not.
 

marshaul

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Would you want some one who has just smoked marijuana go shooting with you? I think not.

When I lived in California, I had friends do such with me all the time. It doesn't bother me. Actually bothers me less than people who drink a few beers while shooting (see that all the time, too).

The effects of which you speak are not inherent, nor universal, nor were they in evidence at any point during the aforementioned shooting sessions.

I also used to drive with people who smoked, way back when I was a kid before I had a car of my own. Never noticed a problem (unlike with people who drink and drive).

Frankly, I have enough experience to say: you're full of it.

Incidentally, studies are worthless. I recently read a study (in the context of driving) which set out to determine whether marijuana "impairment" was really a significant risk, and which concluded that the loss in reaction time is insignificant in real-world conditions. I'll share that later if I can find it. Which study is right?

And, really, what does reaction time have to do with it anyway? Elderly people have drastically reduced reaction times. In my own experience, people's reaction times are "impaired" far more by age than by marijuana "intoxication". Are you saying that the elderly shouldn't be allowed to defend themselves? Are you saying that they are better off without a gun in the event they are attacked?

Obviously you and I choose to do what we can to maximize our reaction times (such as not drinking or using drugs), but that doesn't remotely imply that a good reaction time is a prerequisite to the right to self-defense.

A good reaction time helps; the lack of one doesn't mean a person is, or deserves to be, unable to defend themselves.
 
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kemo

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Antigo,WI
But what about the short term memory loss. Then the fact that it impacts the fight or flight response. Which means your sense of when your in danger dwindles. So that means YOUR NOT IN YOUR RIGHT MIND. That is dangerous. This means if your high and you shoot someone you might not remember exactly what happened. This means your now convicted of murder and having a firearm under the influence. Now you go to prison for the rest of your life. If that sounds good to you, then go ahead and do it. I definitely don think it should be done.
 

marshaul

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This means if your high and you shoot someone you might not remember exactly what happened.
Short-term memory loss occurs around trivialities: "where did I put the car keys?"

Nobody forgets shooting someone in self-defense because they smoked a little pot.

Incidentally, I'm sure you could find a few marijuana users to describe the effect of an adrenaline dump on a marijuana buzz. It might be something like, "what buzz?"

This means your now convicted of murder and having a firearm under the influence. Now you go to prison for the rest of your life. If that sounds good to you, then go ahead and do it. I definitely don think it should be done.

There's a difference between the advisable and that which should be legislatively prohibited. I agree with you in regard to the advisability; no farther.

One of the things I cherish in the concept of freedom is the ability for others to do things I would not, so long as those things are not tantamount to aggression.
 
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okboomer

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Oct 18, 2009
Messages
1,164
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Oklahoma, USA
Last night I saw a show on The Discovery channel on drugs. They tested what drugs does to a persons body. They had a guy on there that had been smoking marijuana for 40 years and his body didn't have a sense urgency like it should have. When put in a stressful situation there should be a flight or flight response. he had neither. There has been many studies that show drugs and alcohol impair judgement. So people think it is still a good a good idea to mix drugs and firearms. I personally don't. If your body can't make rational dicisions when under stress you will be the victim not the survivor. So good luck if you want to support this stupid idea. Good luck with it. There is no way we should support this. It is not safe to be impaired and handling firearm.

First of all, Discovery Channel is liberal agenda programming, so anything they air should be taken with a large grain of salt. In fact, some of their programming espouses some seriously stupid behavior around animals that I am just waiting for someone to get hurt from following.

Second, just because you smoke medical marijuana once or twice a day to manage pain does not mean that you are continually impaired and incapable of making rational decisions regarding carrying or use of a firearm.

In fact, just as a strawpoll, how many OCDO members take pain meds daily and still carry daily? Are you going to say that someone taking 5mg of Loritab for back pain is incapable of making rational decisions? Do you know anyone needing pain meds daily?

How about someone who drinks alcohol at night in the home? Would you say that they are too impaired the next morning to carry responsibly?

And, this doesn't even touch on the 40 year user referred to in the drug program ... how much did he use each day? What was the quality of the marijuana he used? Was it adulterated by pesticides that caused neurological damage? Was he exposed to other environmental toxins that could have caused the impairment? Too many variables not answered to conclude that marijuana use was the single cause of his apparant neurological impairment.
 

okboomer

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But what about the short term memory loss. Then the fact that it impacts the fight or flight response. Which means your sense of when your in danger dwindles. So that means YOUR NOT IN YOUR RIGHT MIND. That is dangerous. This means if your high and you shoot someone you might not remember exactly what happened. This means your now convicted of murder and having a firearm under the influence. Now you go to prison for the rest of your life. If that sounds good to you, then go ahead and do it. I definitely don think it should be done.

Short term memory loss associated with marijuana use is no more of a problem than going into shock ... generally, you say what you remember and then say, "and that's all I can remember right now" and the police do their investigation and determine from the facts (generally) and other witness statements (if any) the actual sequence of events.

Personally, I have found that chronic marijuana users are more paranoid than non or occassional users. YMMV

IIRC, there was a SD shooting where a guy was in his home drinking a beer and I believe his car alarm went off and he stepped outside to see BGs trying to rob or carjack a female neighbor and he shot one of the BGs but was not charged with "shooting under the influence." Maybe someone else can remember if it was on this forum ...
 
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