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If something affects your decision making or coordination then the gun should be locked away. That being said in my opinion we don’t need laws or regulations enforcing that either.
Simply answer : no.
… but we do have rights, don’t we?
No It us something that can affect your judgment which can cause injury or death.
Respectfully, I think the question posed could have been worded better:
If you use THC either medically or recreationally, should you be allowed to get a CCW permit? Yes, is my answer.
If you drink alcohol, either for recreational or medicinal purposes (ie: pain control), should you be allowed to get a CCW permit? Obviously, yes.
I don’t personally do either. That said, should you actually carry your weapon while doing either?
Of course not.
Living in Fl. now and having a CCW I have learned that if you carry
in Fl. you can’t have a Medical maryjane card. When you fill out the
form for the background check, the feds remind you that they don’t
recognize a doctors’s rx for marijuana. In Fl. you have to decide if you
want to carry or have a rx for marijuana for your health.
@Jerzy - having said that, you are correct we do still have rights.
He could get a medical marijuana card while still maintaining his CWL.
And if he were to be stopped by state agents or officers, it is likely that he will not get in trouble for having both medical marijuana and a gun in his possession because both are lawful in Florida. However, if he were to be stopped by federal agents like the ATF or FBI, he will likely have his CWL revoked as he would be in possession of illegal narcotics while also possessing a firearm.
This right here. What @Glock27ccw said is exactly how I feel. Alcohol is legal, and can impart decision making. It is individual responsibility to know when you shouldn’t be carrying a gun. If the carrier was involved in a shooting, while inebriated, the police would document that, and it would affect what happens afterwards.
@Dawn’s question was: SHOULD…
but what is the real status of possessing cannabis and firearm?
Background check is made by Federal institution, Federal Law doesn’t accept any form of marijuana… so to be in accordance with the law I cannot posses both: firearm and medical/recreational cannabis.
I am I right?
Should…? Allowed to…?
For me, the answer to Dawn’s question is, Should you be allowed to? Yes.
Should you actually do it? Not under most circumstances. Although I can think of instances where one might be under and still need to use a weapon. I wouldn’t want my self defense over ruled simply because I had been drinking earlier that night…
I’ll get on my soapbox again. I do not care what any state says about the use or possession of marijuana. It is a federal crime to use or possess marijuana. It’s use for any purpose is prohibited and anyone who is a user of marijuana is an unlawful user of a controlled substance and is therefore prohibited from possessing a firearm.
Thx @MikeBKY… as always great and clear explanation.
One more question:
Being under local Sheriff’s Department jurisdiction (I live outside city limits) when shooting incident happens and Deputy Sheriff appears to investigate… which Law applies? State or Federal?
As with anything that impairs judgement, you should stay at home, if you need to leave your home impaired, then that’s when your firearm stays home. Cannabis and firearms don’t mix, but then again alcohol and driving don’t mix either and what do we see. Third leading cause of death.
I have told my Governor and Senator repeatedly what you just said. The states can’t make it legal because it’s a federal law. They can strengthen the law but not undermine it.
States that “make it legal” are really just saying they will not enforce the Federal law. Technically, the FBI (feds) could arrest you for it and I don’t think you will have a leg to stand on in court.
My answer is no because you already can’t.
Excuse my ignorance, but, cannot posses a firearm, or cannot purchase a firearm from an FFL dealer? I don’t use, and don’t agree with recreational use of a federally illegal substance either. I am just curious how you as a lawyer interpret the law.
No, put the guns away until the fog clears… I don’t care if it is MJ, alcohol, or medication.
I think in a defensive shooting incident and then you test positive for marijuana… the jury will eat you for lunch. Legal Rx or not. Look good in orange?
The same laws that apply to booze should be applied to weed .
Here is the federal law with respect to the possession of a firearm or ammunition by the unlawful user of any controlled substance as defined under federal law. This applies to marijuana or if you borrow one of your mother’s ambien because you have had trouble sleeping.
18 U.S.C. 922 reads in part:
(g) It shall be unlawful for any person …
(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) …
to … possess … any firearm or ammunition.
States have their own schedules for drugs, just like the federal government. They can add drugs to their schedules or take them off. That is what states have been doing with marijuana. That doesn’t change that if it violates federal law it is a federal crime that may be prosecuted in federal courts and you may be sentenced to time in a federal penitentiary.
Keep in mind that state and federal governments are independently sovereign and people can be prosecuted for both federal and state crimes by the respective governments. For instance, the DC Sniper attacks in 2002 committed crimes in Washington, Arizona, Louisiana, Alabama, the District of Columbia, Maryland and Virginia. The dead included an FBI analyst, which made her death a federal crime. Each state, DC and the feds had jurisdiction and the prosecution of the defendants could pursued in each of those jurisdictions. The trials were prioritized based upon those jurisdictions that had the most harshest penalties.
States have the ability to decriminalize marijuana but that does not change the federal law. Likewise, states do not have authority to enforce federal laws unless given authority by the feds to do so nor do the feds have authority to enforce state laws unless given authority by the state to do so.
As to @45IPAC’s question, the federal statute is explicit that the user of marijuana cannot possess a firearm or ammunition. If you cannot possess, you cannot purchase.
The federal law does not just apply to being under the influence of marijuana. It applies to ANY use of marijuana since it is unlawful.