CCW and Weed

[plinker202020]

Can buying weed legally in California come back to haunt a CCW holder?

[MJB]

Over thinking it I had to buy weed for my Dad when he was in hospice no checks.

I'd just suck it up and deal with it it's one day!

[sanjoseskater]

It’s federally still illegal, don’t ask don’t tell cash tells no tales.

[VolvoWrench]

If they are scanning the back of your CA driver's license where there is a 2D bar code, all that tells them is your name and date of birth.

[ACfixer]

If I had a CA CCW there's no way I would let a weed dispensary scan my DL.

[Vinnie Boombatz]

It?s federally still illegal, don?t ask don?t tell cash tells no tales.

Looks like you missed to point about them scanning your DL when you enter the dispensary.

To the OP, just suck it up. It's one day, so stop being a drama queen. You're just making an excuse to go buy some weed and are trying to justify it. You already mentioned that alcohol "is not a good solution", which may lead us to believe you've had issues with not being able to control yourself when drinking and may have a history with substance abuse, yet you're looking to numb the senses in this situation with another substance. Stop being a pu$$y and just face it and deal with it like an adult and stop playing the victim. You're the one who's in control of your actions and decisions, not other people's behavior.

[G-forceJunkie]

Federally, you cant even own a gun if your doing weed. Buy it black market or have someone buy it for you, you will be on a list, somewhere, when you scan your DL at a dispensory.

[DentonandSasquatchShow]

Have someone else buy it for you.

[JoyfulJoker]

USCCA had a 3 part series this year in their magazine about this as more than a few law abiding Veterans with PTSD , lost their 2nd Amendment rights for getting a medical marijuana card.

According to Federal Law, anyone who imbibes in cannabis in any form and for any reason is considered mentally unstable. Cannabis is currently listed as a Schedule 1 drug like heroin or meth. The current calls for reform would relist it as a Schedule 3. This would still mean , evidence of any use , for any reason, is grounds for losing your 2nd Amendment rights.

I honestly had no idea of this.

"Under federal law, it is illegal for anyone who uses marijuana to possess a firearm. This is because marijuana is classified as a Schedule I drug under the federal Controlled Substances Act, which prohibits anyone who uses illegal drugs from possessing firearms. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has issued guidance stating that anyone who uses marijuana, even if it is legal under state law, is considered an “unlawful user” of a controlled substance and is prohibited from possessing firearms.

This means that anyone who uses marijuana, even if they are using it legally under state law, is prohibited from possessing firearms under federal law. This includes medical marijuana users who have a state law valid recommendation from a doctor. In fact, the ATF has specifically stated that “any person who uses or is addicted to marijuana, regardless of whether his or her state has passed legislation authorizing marijuana use for medicinal purposes, is an unlawful user of or addicted to a controlled substance and is prohibited by federal law from possessing firearms or ammunition.”

The Impact on Gun Owners

This creates a challenging situation for gun owners who use marijuana. If a gun owner admits to using marijuana, they could face serious legal consequences, including losing their right to possess firearms. This can be a difficult choice for those who rely on marijuana for medical reasons or who use it recreationally in states where it is legal. If the gun owners denies using marijuana then they face the risk of committing felony perjury. Although committing perjury on a gun background check is a crime that is rarely prosecuted, gun owners should not be faced with this choice.

The penalties for violating federal law by possessing firearms while using marijuana can be severe. Anyone who is found to be in possession of a firearm while using marijuana can be charged with a federal crime, which carries a penalty of up to ten years in prison. In addition, anyone who knowingly sells a firearm to someone who uses marijuana is also breaking the law and could face a prison sentence of up to ten years.

In some cases, gun owners who use marijuana may not even realize that they are breaking the law. For example, someone who uses marijuana legally under state law may not be aware that they are prohibited from possessing firearms under federal law. This can lead to unintentional violations of federal law and serious legal consequences.

The confusion surrounding marijuana laws can also impact gun dealers. The ATF has issued guidance stating that gun dealers should not sell firearms to anyone who they have reason to believe is a marijuana user, even if the individual has a valid state-issued medical marijuana card. This means that gun dealers could be held liable if they sell a firearm to someone who is a known marijuana user.

Gun dealers are required to perform background checks on potential buyers before selling firearms. As part of this process, they must ask the buyer if they use illegal drugs, including marijuana. If the buyer admits to using marijuana, the gun dealer is prohibited from selling them a firearm. If the buyer lies about their drug use and is later found to be a marijuana user, the gun dealer could be held liable.

This can create a challenging situation for gun dealers, who may not be aware of the intricacies of state and federal marijuana laws. In some cases, gun dealers may be hesitant to sell firearms to anyone who admits to using marijuana, even if it is legal under state law, for fear of running afoul of federal law.

For gun owners who use marijuana, the best course of action is to be aware of the legal risks and to take steps to mitigate those risks. This may include refraining from using marijuana or giving up firearms, depending on individual circumstances.

One option for gun owners who use marijuana is to seek legal advice from an attorney who specializes in firearms law. An attorney can help gun owners understand the risks and consequences of possessing firearms while using marijuana and can advise them on the best course of action.

Another option is to advocate for changes in the law. There have been efforts at both the state and federal level to change marijuana laws to allow for the use of marijuana without affecting the right to bear arms. For example, the Marijuana Opportunity Reinvestment and Expungement (MORE) Act, which was introduced in the US House of Representatives in 2020, would remove marijuana from the list of controlled substances and allow states to regulate its use. This would eliminate the conflict between state and federal law and allow gun owners who use marijuana to possess firearms legally. "

https://www.clarkhill.com/news-events/news/the-intersection-between-marijuana-and-the-2nd-amendment-what-gun-owners-need-to-know/

[geedavell]

My wife buys weed on occasion.
I've tried going in 2 different shops and both wanted to scan my DL.
If you have a CCW, I wouldn't do it.

[sanjoseskater]

I wonder about Joe Rogan and Dan blizerian they both smoke marijuana on film and have guns on film too no way they could deny it

[Dan_Eastvale]

Our government and country will become more and more progressive.
They're already pushing to legalize Mary Jane at the federal level.

I doubt the feds these days actively search for this stuff at all. Scanned DL or not.

Unless you're a high profile type , ie Hunter.

[Quiet]

CCW and Weed

I haven't touched weed in 20 years but, in order to keep family peace, I'm forced to spend Christmas Eve with a relative I can't stand. Alcohol is not a good solution for me, so I was thinking of stopping by the local dispensary and picking up some edibles to take my edge off.

To clarify, I don't plan to be carrying when consuming.

My question is around eventually renewing the CCW. I'm under the impression that they scan your DL when you purchase in one of these places. Is that something that can come back to haunt you?

Am I overthinking it?

Under Federal laws, a user of marijuana is a prohibited person that cannot legally own or possess any firearms or ammunition. [18 USC 922(g)(3)]

Federal Courts have upheld that a person that uses, grows/makes, or possesses marijuana makes that person a prohibited person that can not legally own or possess any firearms or ammunitions.
^As of 04-2023, 11 of 12 Federal Circuit Courts of Appeals have upheld this.
~In 04-2023, the 5th Circuit Court of Appeals (LA, MS, TX) split from the other Circuit Courts of Appeals to rule that use of intoxicants (drugs/alcohol) does not make the user a prohibited person that can no longer legally own/possess firearms/ammunition.

This restriction even applies to a person that has never used marijuana but has a medical marijuana card, so they can obtain and transport medical marijuana for bedridden cancer patients.
^This came about due to a criminal case in NV. The NV Courts, lower Federal Court of NV, and Ninth Circuit Court of Appeals upheld this person's conviction of being a prohibited person in possession of a firearm.
~Under NV laws, recreational use and possession of under 1oz of marijuana, in non-prohibited areas of NV, is legal. But, use of marijuana makes that person a prohibited person that cannot legally own or possess any firearms or ammunition.

Even though recreational use and possession under 1oz of marijuana has been de-criminalized in CA, CA LE agencies will collect user's info and pass it on to Federal LE agencies (DEA, BATFE) for enforcement of the Federal prohibition on being a user and possessing/owning firearms/ammunition.

In addition, under current CA laws...
When discovered, a person who uses a Federally illegal controlled substance can have their CA CCW permit revoked/denied. [PC 26195]


Penal Code 26180
(a) Any person who files an application required by Section 26175 knowing that any statement contained therein is false is guilty of a misdemeanor.
(b) Any person who knowingly makes a false statement on the application regarding any of the following is guilty of a felony:
(4) The use of a controlled substance.

Penal Code 26195
(a) A license under this article shall not be issued if the Department of Justice determines that the person is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(b)(1) A license under this article shall be revoked by the local licensing authority if at any time either the local licensing authority is notified by the Department of Justice that a licensee is prohibited by state or federal law from owning or purchasing firearms, or the local licensing authority determines that the person is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(2) If at any time the Department of Justice determines that a licensee is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm, the department shall immediately notify the local licensing authority of the determination.
(3) If the local licensing authority revokes the license, the Department of Justice shall be notified of the revocation pursuant to Section 26225. The licensee shall also be immediately notified of the revocation in writing.

18 USC 922
(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 ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

21 USC 802
(6) The term "controlled substance" means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this subchapter. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1986.

[Kurgan]

I'm not sure how you can be "forced" to spend a holiday with anyone short of kidnapping or some weird form of incarceration.

If I had to drug myself to be somewhere the obvious question is why I would subject myself to that situation.

<shrug>

[ACfixer]

I'm not sure how you can be "forced" to spend a holiday with anyone short of kidnapping or some weird form of incarceration.

If I had to drug myself to be somewhere the obvious question is why I would subject myself to that situation.

<shrug>

Having to hump his fist for six months instead of his wife after refusing her family Christmas get together might be why.