Does taking CBD mean no guns?

[JettaKnight]

In hawaii this came up.

Every individual who had a medical weed license got their firearms confiscated.

Moral of the story? Don't [STRIKE]put your name on a document saying you[/STRIKE] use an illegal substance. If you don't do that, for all realistic situations, you're fine.

FIFY.

 

[ART338WM]

Have had this exact debate COUNTLESS times with friends and coworkers. IMHO it is a HUGE, HUGE legal gray area right now and will remain so until a land mark case in federal court decides the matter once and for all. Bottom line IMHO if your taking a legalized drug that the federal government classifies as an illegal drug/narcotic/controlled substance and you are doing so as you for what ever reason find yourself participating in any actions, activities or functions such as buying a firearm that falls under federal jurisdiction IN MY OPINION what your state law says is meaningless.

In other words as long as what your doing DOES NOT falls under federal regulations or laws, like buying a car your likely OK, if it falls under federal law like buying a firearm where you must fill out the form to pass a federally mandated NCIC, all bets are off.

I also am 100% positive in the not to distant future that the federal government will begin mandating peoples doctors to report if they are using any decriminalized drugs prescribed by a doctor as well as any medicines they prescribe to their patients for psychological disorders or illnesses, of this I am 1000% positive.

A coworker of mine just got in BIG trouble and had to go through manditory employer supervised drug rehab because he got caught taking what was for the last 8 years of his employment classified as a non-opiate pain killer that the federal government reclassified last year to a opiate and our employer was fully aware he had been taking the drug for his entire 8 years of employment despite his doctor prescribing it the entire time, he didn't realize it had been reclassified and admitted to using it while at work which prior to be reclassified was perfectly acceptable per our employer, but now that it had been reclassified as an opiate pain killer he ended up in a world of SH!!.


My point being when it comes to gray areas like this as far as employers and the federal government are concerned employers rules and federal government laws will like be the ones that get enforced regardless what the state law says until a land mark case decides the matter. Example is where I work you couldn't have in your car while on plant property in the employee parking lot on the other side of the 10' barbwire topped fence any firearms, ammunition, including spent casings and even archery equipment. Then President Bush signed and executive order allowing people to keep a firearm inn their vehicle if properly stored. I employee at a sister plane where I work got caught with a gun in hos vehicle and was disciplined it went to court and the judge ruled he was allowed to do so and our employer must allow it because it was legal to do so under federal law. But it took a person getting in trouble and risking loosing his job and the matter settled in a court of law before the matter was settled once and for all.


It will be IMHO the same with marijuana and its derivatives that will show up in a drug test. Again just my opinion.

 

[Tactically Fat]

Is your wife a regular buyer of firearms from an FFL-holder?

 

[K_W]

Is your wife a regular buyer of firearms from an FFL-holder?

No, her's was private party. Possession is/was my concern and it's looking like a no-go.

 

[HoughMade]

Have had this exact debate COUNTLESS times with friends and coworkers. IMHO it is a HUGE, HUGE legal gray area right now and will remain so until a land mark case in federal court decides the matter once and for all. Bottom line IMHO if your taking a legalized drug that the federal government classifies as an illegal drug/narcotic/controlled substance and you are doing so as you for what ever reason find yourself participating in any actions, activities or functions such as buying a firearm that falls under federal jurisdiction IN MY OPINION what your state law says is meaningless....

There is no debate about this: States can have laws making things legal or illegal. The federal government can have laws making things legal or illegal. There need be no agreement between the two except where federal constitutional provisions govern what the state can do under the 14th Amendment. The states' laws cannot be imposed on the federal government.

Something about parallel railroad tracks, something, something.

As for whether the federal government can outlaw marijuana- that has been decided by many courts several times including the U.S. Supreme Court.

https://en.wikipedia.org/wiki/United_States_v._Oakland_Cannabis_Buyers'_Cooperative

The only real gray area would seem to be if CBD oil can be made from non-prohibited parts of the marijuana plant (so far, no). Not even the issue of whether CBD oil can be made with 0% THC is an issue for legality. If the CBD oil is made from the prohibited part of the marijuana plant, regardless of THC content, it is illegal federally. However, the presence of any THC at any level also makes it illegal under federal law.

The issue is enforcement, or lack thereof. But whether a law is enforced has nothing to do with legality and nothing to do with whether a user who claims not to on a 4473 is breaking federal law.

 

[Route 45]

No, her's was private party. Possession is/was my concern and it's looking like a no-go.

"One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws." - Dr. Martin Luther King, Jr.

 

[Hawkeye]

"One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws." - Dr. Martin Luther King, Jr.

Nice sentiment, but that is not the question being asked by the OP.

 

[Kirk Freeman]

IMHO it is a HUGE, HUGE legal gray area right now and will remain so until a land mark case in federal court decides the matter once and for all.

Gray area? No, there is no gray area. §922(g)(3) is quite clear. If you are an unlawful user, you lose your guns. Full stop.

Multiple federal courts from multiple circuits have decided this. Off the top of my head, Purdy, Herrera, and the very old case of Ocegueda (from the 70s IIRC).

 

[Kirk Freeman]

Something about parallel railroad tracks, something, something.

Working my side of street, huh?

 

[Trigger Time]

Blow jobs in the past were illegal too. I wonder how many calls they got asking if they'd make an exception?
Dont ask dont tell.

Has our government become so big and tyrannical and uncompationate that it criminaly targets disabled citizens seeking to use non mind altering over the counter plant products to ease pain or symptoms from debilitating conditions? ( I'm not even getting into marijuana with thc I'm talking about CBD oil for now)
The government may be a machine but the people who run it shouldnt be. Anyone kicking in someone's door or holding a citizen at gunpoint over CBD oil is nothing more than a Bully and a jack booted thug no better than something from the former Soviet union. Just following orders doesn't work if people simply stand up like men and say NO

 

[Route 45]

Don't ask don't tell.

It amazes me how many people don't understand this simple concept.