OK so hemp-based THC is federally legal but it’s still shows up on a drug test STHE even though it’s federally illegal it’s hard to discern it from regular THC. It really helps me with my anxiety and everything but I want to still be able to carry my firearm so I don’t want to do, I was approved for medical marijuana, but I never registered because I have a firearm since THC and Delta eight and Delta 10 are hemp based and not marijuana based their federally legal but they still show up on a drug test. Any suggestions?
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A test for Metabolized THC (blood/urine /hair) is not proof of intoxication,
A positive cheek swab is not proof of intoxication.
They just show use.
Hemp is marijuana. Marijuana is cannabis. It comes from the same plant family.
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That is a tough argument. It boils down to the need for either pain management or the reduction of anxiety vs. ones right to own / possess a firearm. The Fed. has stood fast against the use of THC and some CBD products because they are categorized as Marijuana based. Even as liberal as the State of California is, they stated that one must choose one or the other, but not both. It’s even more disheartening because there are firearms owners and CCW holders in California that can just as easily go to a liquor store and buy alcohol yet cannot go to a dispensary, buy Flower, Eatable or Tincture for Medical Use or personal / recreational use. It used to be that if you had a Medical Marijuana Card, e.g. a Prescription you could not buy a firearm, yet one could go to their General Practitioner Physician and get a prescription for Norco / Vicodin, yet still purchase and own firearms. This is where the phrase “Catch 22”, comes in. However I will state that the DROS / Form #4473 does ask if one is on psychotropic or medication that will harm or hinder their ability to operate a firearm safely and responsibly.
The problem is that the DEA (Drug Enforcement Agency) still categorizes Marijuana, THC products and some CBD products as being derived from Cannabis / Marijuana as a Schedule 1 Narcotic. Hemp based THC products in California cannot exceed a percentage of 0.3% THC to be categorized as legal. Getting around that legally, would equate to finding alternative coping mechanisms aside from chemical intervention for anxiety. The types of testing do not matter. If it is a urinalysis, serological screening (Blood Work), or a mouth swab (Which only shows new use) if it comes up as THC, that is it. Having the specimen going to labs will only show how many Nanograms of THC are in the system, and Follicular Tag Testing (Hair Sample) will show the amount of use for the last 6 months or more. THC stays in the bodies system for 30 days or more. Additionally, the THC attaches itself to fat cells, so your lab results can show a reduction in use, yet as soon as you start losing weight, it will be reintroduced into the blood stream and show new use, even though one may have not used in 3 months or more.
This is why licensing such as Class A, B, & E (Commercial and Emergency Vehicle), have a zero tolerance policy on any amount of THC because the laboratory exams do not see how it was ingested nor can it determine what type of THC it is. For law enforcement City, County, State and Federal, one may not have had any THC use in the previous 3 years. Which is better, because the standard use to be 10 years. Even with a Chronograph Mass Spectrometer, one would not be able to determine where the THC came from; just that it is there in the urine, serology or Follicular Tag. The best bet is to find alternative ways to treat anxiety or talk to one’s GP physician about coping mechanisms. Prescriptions I would stay away from them if possible, especially if an individual is CCW adjudicated. Remember, if one does have an incident, everything will be taken into account and investigated. One’s entire life will be placed under a microscope just to find something against them, even prescription medications. Remember, our justice system is adversarial, not for the consideration of circumstance or medical issue.
Be safe, Everyone!
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The self defense liability insurance policy that USCCA members have access to contains no substance exclusion
That said…it is highly federally illegal to be a user of marijuana and possess a firearm
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Welcome Jordan_T.
Hope things work out for you. Please forgive my own not understanding, but if possible, please expand on your questions.
I’m not exactly clear on what you are asking.
Not sure if it also matters which state you are mainly in, if the state laws differ there. In the state I’m in, before I purchase a firearm from an FFL dealer, I need to fill out and sign form 4473. Copy of one of its questions below.
However, if one already owns a firearm and is satisfied with it such as an EDC and not intending to purchase one through an FFL, then one might not need to ever fill out form 4473.
Not sure what you mean in your topic title, “covered by USCCA”. Interesting though. Maybe call them and read the fine print of their policies. Might even be available online. I am not 100% sure, but I have the luxury of not needing to check as I don’t prescribe to cannabis.
I tended to think of USCCA covering self defense (SD) itself. In a SD shooting per se, legally, prosecutors might find several areas in the law they will go after you on, not just one act. So if USCCA covers the SD act, I too would be concerned, why should USCCA cover me for breaking other laws; I’m just not sure that being a licensed marijuana holder/carrier falls under SD.
Now, being under the influence of any substance, I sense would hurt my case, and despite USCCA covering me, the judge and jury will still use the fact if I were intoxicated, use that against me, and that would influence their decision. USCCA as great as they are, might not be able to completely erase the fact of a substance showing up in my body/system, and a court may take issue with that. As the court decides my fate, not the USCCA.
As hard as it is to say, and I might not agree or think it fair, but for cannabis users, you need to make a tough decision, find another safe and healthy means of medication or recreation, or pay the risks associated with also being a firearm owner. Or “change the law”.
Personally, even if I were a licensed cannabis and CCW/CCL carrier, I’d still carry “legally”, just never while under the influence, medication reasons or not. For me personally, such medication is for in the home, not while in a car or out in public. JIMHO.
Check your local listings of course my friend. Good luck.
There are quite a few similar topics in this E-Community, one can find via the above upper right hand search icon; Interesting, but that is a lot, too much sifting through comments.
Not sure if all members have all access, but USCCA did wrote about five articles on this topic, here is a link from where on our main page, I typed in the search word “marijuana”:
https://www.usconcealedcarry.com/search?query=marijuana
From 4473:
“Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?
Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.”
The fifth district court of appeals( federal )
does not limit one’s constitutional rights 2A , on possession or ownership of a firearm based on the use of cannabis.
I have no idea which way these folks lean
Politically. It was just one of the first hits that came up on my search.