CCW and Weed

[LBDamned]

You edited your OP eliminating the reason for buying some weed. Doing so makes some of the subsequent replies appear to out of context and overly judgmental.

I hope you are aware that that DOJ and ATFE monitor gun forums for potential illegal activity. Many of the posts in this discussion were made for general info and to protect you.

If my post above was judgmental in your opinion, I apologize.
-P

(bold) LOL that's straight out of the leftists playbook.

[Paladin]

?unlawful user or addicted?

Are you an unlawful user if you stopped using a day ago? A month ago? A year? A decade???

Arnie admitted to using MJ at the end of Pumping Iron (1977). For how long after that was he disqualified from buying or possessing a gun? Is it a lifetime ban? I wonder if he ever bought or possessed a gun after 1977.. ..

Gun owners who get cancer and use chemo (which often causes such nausea they lose massive amounts of body weight), have to choose between an effective medicine (MJ) and their 2A rights?

https://youtube.com/S4sdIWPuNec

[Kurgan]

?unlawful user or addicted?

Are you an unlawful user if you stopped using a day ago? A month ago? A year? A decade???

Arnie admitted to using MJ at the end of Pumping Iron (1977). For how long after that was he disqualified from buying or possessing a gun? Is it a lifetime ban? I wonder if he ever bought or possessed a gun after 1977.. ..

Gun owners who get cancer and use chemo (which often causes such nausea they lose massive amounts of body weight), have to choose between an effective medicine (MJ) and their 2A rights?



https://youtube.com/S4sdIWPuNec

Except the OP doesn't have cancer, he has stress.

Strawman much?

[Quiet]

"unlawful user or addicted"

Are you an unlawful user if you stopped using a day ago? A month ago? A year? A decade???

Arnie admitted to using MJ at the end of Pumping Iron (1977). For how long after that was he disqualified from buying or possessing a gun? Is it a lifetime ban? I wonder if he ever bought or possessed a gun after 1977.. ..

Gun owners who get cancer and use chemo (which often causes such nausea they lose massive amounts of body weight), have to choose between an effective medicine (MJ) and their 2A rights?

AFAIK...

For the Feds, the person can not be a current user or have a current Medical Marijuana card.
Past use with no evidence of current use means you are no longer an "unlawful user or addict".

In addition, each State may have there own method of determination.

Example:
For Nevada, no current use or card and past use needing to be 2+ years ago.
For Utah, no current use or card and past use needing to be 5+ years ago.

[RickD427]

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

Except that it's impossible to "Legally" purchase marijuana in California.

You no longer have to fear California state law sanctions due to statutory changes in California law.

But what excuses you from the federal law sanctions that remain in effect?

[MajorSideburns]

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.

Does this apply to the Biden family or their Secret Service detail?

[LBDamned]

Does this apply to the Biden family or their Secret Service detail?

'No one is above the law'... I mean, you know, when it fits the narrative.

[Citadelgrad87]

Biden just announced he is pardoning EVERYONE nationwide for ALL weed crimes, whether or not they have been charged or convicted.

Exclusions for selling weed and DUI of weed, but other than that, looks like he's trying to wipe the slate clean.

[Gymtech]

Just my opinion....
I personally stopped drinking any alcohol once I started carrying...
I also stopped carrying while I was going through treatment for lymphoma...
When I was going through treatment I was getting chemo and taking meds. The only places I would go was to get treatment and to work. I made a choice not to carry even though the meds didn't effect me. The warning side effects would have been used against me in a case where I had to use self defense...
Alcohol, weed and medicine can come back to haunt you if you ever need to use self defense...
I had to go through shoulder surgery right after I was cleared by my cancer doctor. I had to stop carrying again because I wasn't 100% comfortable with my ability too safely aim and fire from my strong side...
Not at all judging anyone but why risk getting the attorney's more ammo against you if the worst case scenario happens

[ACfixer]

Just my opinion....
I personally stopped drinking any alcohol once I started carrying...
I also stopped carrying while I was going through treatment for lymphoma...
When I was going through treatment I was getting chemo and taking meds. The only places I would go was to get treatment and to work. I made a choice not to carry even though the meds didn't effect me. The warning side effects would have been used against me in a case where I had to use self defense...

So you are okay taking an iron pipe beating (or worse) rather than let your lawyer navigate side effects in a justifiable self defense shooting?

[Gymtech]

Acfixer....

Yes I would prefer taking a chance on getting hurt than risk making a decision that could land me in jail for the rest of my life...
Even with medical insurance the cost of treatment has pretty much wipe out any chances of affording a lawyer....
My job change it to where we couldn't even bring a knife to work and hospital are a no go...
My job now has a don't ask don't tell policy about carrying at work that's to a few people in HR who didn't even know about the change.
My job related requirements was 80% of my good cause statement.
I had to stop doing the second part of my good cause because of avoiding trouble area's.
Now I can honestly state my GC and not worried about lieing

[LBDamned]

Life is about choices. We all have our reasons for things we decide. No one ever makes the right decision every time - but we all need to own the decisions we make.

[ACfixer]

Acfixer....

Yes I would prefer taking a chance on getting hurt than risk making a decision that could land me in jail for the rest of my life...

Well I don't know (or care) what the meds are but I doubt if you have a righteous SD shooting that they could initiate as murder charge. I'm certainly no lawyer though so... you are the one that has to make the decision and live or die with it at LBDamned alluded to.

If someone wants to split my skull I am going to shoot them and that's all there is to it.

Going to my sister and BIL's house in a few minutes here and I'm not going to smoke any weed. I am going to carry my 686 in it's new Diamond D holster, so if something happens I hope my revolver skills are on point.

[Dan_Eastvale]

Biden just announced he is pardoning EVERYONE nationwide for ALL weed crimes, whether or not they have been charged or convicted.

Exclusions for selling weed and DUI of weed, but other than that, looks like he's trying to wipe the slate clean.

All or just some? What about future arrests?

What about red states that currently ban Mary Jane?