Drugs & Guns (Unintended consequences of medical marijuana and federal gun laws create a conundrum.)

[Irving]

That brings up a good question. Just because you are not allowed to purchase through an FFL, does that mean that you are not allowed to own a gun?

[rondog]

Since friggin' when does pot do anything for pain?

[Irving]

Ummm, since forever. Seriously.

[275RLTW]

It seems that they are just being prevented from purchasing from a licensed dealer, not from ownership or posession (unless under the influence of the medication).

[Irving]

So it doesn't seem like a huge deal if you are only prevented from buying from an FFL. Sure, your options are more limited, but if it is not illegal for you to actually own guns, then it isn't quite as big of a decision to get a card or not.

[275RLTW]

Don't forget though that posession of a firearm while under the influence is still illegal in Colorado. Even if it is a drug that is prescribed (vicodin, oxy, marijuana, etc..), you are in violation of CRS if you are in posession of a firearm under the influence of that substance.

[Irving]

That's a totally moot point IMO. Alcohol is legal and possession of a firearm is illegal while under the influence. Despite what people think, just because someone has a medical marijuana card, doesn't mean that they are high all the time. Plus, good luck proving that someone was high at the time.

[275RLTW]

Tests can confirm presence of THC up to a week prior to the testing. Blood tests (although only accureate for a few hours) are common for DUI suspicions, could be easily implemented when an officer suspects any drug impairment with posession of a firearm.

[Irving]

There are all kinds of tests, including hair sample tests that can reveal drug use for several months past, but proving that someone was under the influence at the time is different. Not as easy as with alcohol. Actually, I thought that was one of the main complaints with officers about legalizing weed, is that they couldn't easily determine how much weed was in some one's system at the time since you can't just blow into a breathalyzer or something.

[275RLTW]

Blood and silivia tests can confirm usage within the last few hours, perhaps up to a day or more, and indicate a positive within minutes of the drug's usage.