Have a medical marijuana card in Hawaii? No guns for you.

[ArcadiaGP]

"Durrr, registration will never lead to confis..."

Surrender Your Guns, Police Tell Hawaiian Medical Marijuana Patients

 

[actaeon277]

Well, Hawaii is pretty anti-gun.

 

[Kirk Freeman]

Under federal law dopers don't get guns.

Legislative fix: make marijuana Schedule IV under federal law.

 

[BehindBlueI's]

Wonder how many lied on 4473? Stevie Wonder can see what's coming when you get a card that says you are violating federal law.

 

[shootersix]

question 11e

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 weather it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside

that means if you have a medial card or are in the states weed records, you cant legally own a firearm, and if you lie on the 4473 that's makes you a felon under federal law! if the government cross references drug card records (like Colorado keeps) and 4473's you have broken federal law!

now I do believe marijuana has medical benefits and should be legal, but until the government either gives up controlling guns or weed we have to deal with it, nothings going to change that

 

[injb]

question 11e

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 weather it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside

that means if you have a medial card or are in the states weed records, you cant legally own a firearm, and if you lie on the 4473 that's makes you a felon under federal law! if the government cross references drug card records (like Colorado keeps) and 4473's you have broken federal law!

now I do believe marijuana has medical benefits and should be legal, but until the government either gives up controlling guns or weed we have to deal with it, nothings going to change that

Where does it say that possession of a medical marijuana card is disqualifying?

 

[HoughMade]

This seems obvious. States don't get to preempt federal law.

 

[ArcadiaGP]

Where does it say that possession of a medical marijuana card is disqualifying?

And does a license/card to obtain medical marijuana mean that you 100% are in possession of the substance? Seems like they're making an assumption.

 

[churchmouse]

Where does it say that possession of a medical marijuana card is disqualifying?

If you have the card you are most likely a user yes...

 

[churchmouse]

And does a license/card to obtain medical marijuana mean that you 100% are in possession of the substance? Seems like they're making an assumption.

Using is the issue.

 

[IndyDave1776]

If you have the card you are most likely a user yes...

While in practice I agree completely, making such an assumption would stand as a violation of due process in addition to not necessarily being correct. For example, possession of a driver's license does not stand in evidence that you actually drive.

 

[HoughMade]

Sounds like a non-user with a card should challenge this in court.

 

[Alamo]

While in the abstract I can see that having a medical marijuana card doesn't absolutely mean you've ever used MJ - in real life it's pretty darn close. I'll bet it's enough to get a warrant to search your home and other locations for guns and weed.

Do medical marijuana dispensaries or whateveryoucallem keep records of who gets MJ, just like pharmacies do for other drugs? (I mean, I assume if you are really using MJ for medical purposes, you want/need medical grade ganja, a calculated dose, unadulterated with RoundUp, Paraquat, fertilizer dust, etc, just like other drugs? Not whatever Jimmy the Stoner is selling down on the corner?) If so, boom. Add a records check to the warrant. Record of medical marijuana dispensed + firearm owner registration card = TroublewithacapitalT.

 

[HoughMade]

I don't see anything except being a "user" or "addict" covered in the form.

Are you a "user" if you haven't used since the Clinton administration?

 

[Robert Richardson]

What if we changed the word to alcohol?

 

[HoughMade]

What if we changed the word to alcohol?

That would seem an odd thing for Congress to do, make alcohol an illegal substance, I mean. MJ is on the list because its in a law. Don't like the law, get the law changed. We can all do thought exercises. This is reality and the law is what it is until it is changed.

As for alcohol, we tried that. Didn't work real well. In any event, playing along, more guns for me.

 

[Timjoebillybob]

Sounds like a non-user with a card should challenge this in court.

It's been done. Court said no go, but it was the 9th circus so...
Medical Marijuana and Gun Laws Collide | Fortune

 

[HoughMade]

It's been done. Court said no go, but it was the 9th circus so...
Medical Marijuana and Gun Laws Collide | Fortune

One case? C'mon.

 

[Alamo]

I followed some links in the OP article, one of which is the state permit to purchase a firearm. It is similar to a 4473, although it does not appear to identify the specific firearm being purchased, just whether it is longarm, pistol/revolver.

It does ask specifically if the purchaser has authorization to "utilize" medical marijuana, what state issued the authorization, and when the authorization expires. It does not say this is disqualifying, but it does have a reference to 18 U.S.C. §922(g)(3), which I didn't look up but I assume that is the federal prohibition on firearms ownership by illegal drug users. If you answer yes to this question, you have to explain it in a narrative portion at the end. The state permits are collated in a state database, so it appears that while individual guns may not be registered with the state, individual gun owners are.

I am guessing that if you answered "No" to this question on the permit to purchase, but the state medical marijuana user database shows you had an active authorization during that purchase, you may have further interactions with the state authorities down the road.

State gun purchase permit form: http://honolulupd.org/downloads/SOHFirearmsApplicationQues10_2017.pdf

 

[injb]

It's been done. Court said no go, but it was the 9th circus so...
Medical Marijuana and Gun Laws Collide | Fortune

This isn't the same thing. That case was about someone who was refused by an FFL who already knew that she had an MJ card. She sued on the basis that they only refused because of an open letter sent by the ATF which states:

Further, if you are aware that the potential transferee is in possession of a card authorizing the possession and use of marijuana under State law, then you have “reasonable cause to believe” the person is an unlawful user of a controlled substance. As such, you may not transfer firearms or ammunition to the person, even if the person answered “no” to question 11.e. on ATF Form 4473.

The court says yes, the FFL does have a reasonable cause to believe that the buyer is a user. But the FFL has that right anyway, letter or not.

The OP is a different thing entirely - it's a demand that people turn in their guns under threat of criminal prosecution. IANAL, but I don't think you can be convicted on the basis of a "reasonable cause to believe".