VA Marajuana

[DeusExMachina]

Ah Pook, the point coloccw made was that is a federal form, and according to the fed you would be an illegal user.

[Irving]

I don't see how any agency can be creating a list of MMJ card holders.

[brokenscout]

My VA Doc said it would help me. I've been on pain killers for 5 years and am tired of it.I've never abused them. The federal go is confusing. The VA sais that they would support it in states that its legal

[Irving]

I know plenty of people with MMJ cards. I even know people who take only one hit at a time, not even every day. So just because you have an MMJ card, doesn't mean you have to be stoned off your ass all day.

You don't even have to take up smoking. There are cookies, brownies, pizza, soda, hard candy, suckers, tincture (like a honey that you can put into drinks), and countless other ways to "take your medicine." If you are only medicating for pain, and aren't just getting blasted for the hell of it, there is zero reason why anyone should suspect that you are "under the influence." If I were a cop, I'd be a member of L.E.A.P.

[275RLTW]

If you have a MM card, then you are not an unlawful user. Correct?


I have had this conversation with what I would consider a respected FFL. From what he has been told, it's best to answer #8 as a no. Not sure how the MM card and CCW card will mix in the state.

WRONG. According to ATF, (and confirmed with local SO yesterday) they refer to the FEDERAL definition of unlawful user. That means if you use marijuana, card or not, you are an unlawful user. If you falsely answer "No" to question #8 and the date on the form is after the date of a marijuana prescription, now there is a papertrail to convict you of perjury (felony). Don't do it. I've talked with CBI about this and they are aware of this and currently working to create a database of MM pescription holders for their records (good luck passing a BG check then).

[275RLTW]

I know plenty of people with MMJ cards. I even know people who take only one hit at a time, not even every day. So just because you have an MMJ card, doesn't mean you have to be stoned off your ass all day.

Not everyone over 21 is drunk all the time either, but if you are out between 2-4 am, what do LE presume when they pull someone over? MM is still viewed by a majority of the LE comunnity as a way for unemployed hippies to sell to all of their friends. Yes, we probally all agree that there is a legitimate medical use for MM however the majority of people are seen as abusing this for non-medical purposes. The "one bad apple" theory...

[BadShot]

So the crux here is that you need to talk to a lawyer, though my strongest recommendation is to just not do it. There are many other treatment options that you should pursue first.

[iamhunter]

Don't necessarily support MM,

but it is funny that most prescription pain meds are much more damaging and have more potential for abuse that Marijuana.

I wouldn't touch Oxycontin, Vicodin, Percocet, etc. to save my life.

Seriously, last time my doc tried to give me that stuff I told him to shove it.

I would rather deal with the pain then mess with that stuff.

[BigBear]

I would rather deal with the pain then mess with that stuff.

I don't nessecarily support the stuff either...

However, on the topic of pain.

There are different levels of pain and I do believe that a lot of pain is bareable and people over play it (i.e. I stubbed my toe so I need a yearly prescription of Morphine shots). However, there are a select few people with horribly painful injuries and the medication does help them still be functional and get through those 6 months or however long to heal..

I should know. I garuntee I had more injuries than ANYONE on this board and I'm not even 30 yet. And I sustained them ALL at the same time. I do not think I would have survived save for medication.

[BPTactical]

I have thought about this and even asked my attorney his thoughts.-Here is what he put forth but not verbatim:
1- The Colorado MMJ permit is NOT a prescription, but rather a "reccomendation" from a Doctor.
Therefore it holds very little legal weight. How this would be viewed in a court of law regarding "Unlawful use" as defined by Federal law remains unclear.
2- The descrepancy of State vs Federal law. This is the grey area. As others have noted, firearm laws are Federally controlled and in an absolute black/white scenario MJ is illegal under Federal law. This trumps state law.
3- Access to State database by law enforcement. As this is a medical record it is protected under the HIPPA act. Records protected under the HIPPA act are only accessible by supeona and only when there is reasonable cause to believe a crime has been committed. I have heard that law enforcement can confirm that the person in question is a lawfull holder of a MMJ permit but whether that is true I am not sure.
4- Eric Holder sent out a memo to federal prosecutors a while back that stated it would be a poor use of federal funds to prosecute MMJ permit holders that were in "Clear and unambigous compliance" with state laws concerning MMJ.

Typically, when any of the following characteristics is present, the conduct will not be in clear and unambiguous compliance with applicable state law and may indicate illegal drug trafficking activity of potential federal interest:

• unlawful possession or unlawful use of firearms;
• violence;
• sales to minors;
• financial and marketing activities inconsistent with the terms, conditions, or purposes of state law, including evidence of money laundering activity and/or financial gains or excessive amounts of cash inconsistent with purported compliance with state or local law;
• amounts of marijuana inconsistent with purported compliance with state or local law;
• illegal possession or sale of other controlled substances; or
• ties to other criminal enterprises.

Clear as mud right?

Probably not worth the risk overall.......