Expiring medical marijuana card and obtaining LTC

[Dench]

I thought anybody can just walk into a dispensary and pick up some product without a super secret weed license.

Depends on the state. I believe half of states either don't allow recreational or ban weed entirely still.

FL needs a medical card WITH a prescription @pastera

Although here in FL they will be voting for recreational in the fall I believe. Big Daddy D is still mega boomer man with his stance on pot which probably won't help.

 

[In God We Trust]

Zero chance.

He talked about it during the last campaign and as soon as he got into office when questioned about it stated “they were too busy”.

He won’t do it prior he will use it as a tool to get votes first once the polling shows how bad of a chance he has. But then still do nothing about it. People forget he was a major part of the crime bill and drug bills to begin with.

Police unions, prison unions, all the three letter agencies and big pharma don’t want it to happen. And they all have great influence

Marijuana wont be legal on federal level for quite some time unfortunately. Far too many closed minded people out there

Imagine the heads exploding in the military upper ranks if the troops could smoke?

 

[Pete85]

Semantics, even if he can get a LTC, how would he 'legally' obtain a firearm? Face to face, sure, but he's still currently forbidden technically at the federal level. Wouldn't that make the face to face suspect if someone really wanted to dive into it?

I'm not sure if you're trying to make a point or just arguing for the sake of arguing while repeating the point I already made. Our laws are full of semantics, and these semantics are often what gets a case tossed out. Getting his LTC, under state laws and filling out the state forms, is no problem (depending on the jurisdiction he lives in since this state is "may issue"). Buying a gun from a FFL requires him to fill out federal paperwork, and falls under federal law, meaning there is a problem if he uses marijuana or even possesses a medical marijuana card. Unless something has changed recently, face to face transactions still fall under state law, so I'd expect state law to apply there, just don't have someone make a straw purchase for him. There was also a case last year in OK where a federal judge ruled that the prohibition on marijuana users possessing firearms violated the constitution, but so far I haven't seen or heard of anything more coming from that on either side, so who knows where it truly stands at this point.

So while not legal advice, as long as he doesn't lie on his 4473 (or any other form that requires you to sign under penalty of perjury), I would expect he should be fine. If you want actual legal advice on the matter, there are people you can call for that.

 

[G753]

How would one answer the question on the Form 4473 ,Question 21.d

Have you ever been convicted in any court including a military court of a FELONY, or any other crime,for which the judge could have imprisons you for more than one year.Now with marijuana being legal in Massachusetts, and the persons charge was a Class D misdemeanor with a sentence of up to 6 months in jail, and this person lawfully filled out the application for the LTC, explaining the arrest in detail, as was requested on the application,..and was granted the LTC, witch meant that they went through all the background checks and cleared them lawfully.

So it is LTC, but it is worthless?

 

[sbhaven]

How would one answer the question on the Form 4473 ,Question 21.d

Have you ever been convicted in any court including a military court of a FELONY, or any other crime,for which the judge could have imprisons you for more than one year.Now with marijuana being legal in Massachusetts, and the persons charge was a Class D misdemeanor with a sentence of up to 6 months in jail, and this person lawfully filled out the application for the LTC, explaining the arrest in detail, as was requested on the application,..and was granted the LTC, witch meant that they went through all the background checks and cleared them lawfully.

So it is LTC, but it is worthless?

See the instructions for Question 21.d if you haven't already. It's on page 5 of the 4473 form.
https://www.atf.gov/file/61446/download#page=5
There are some exceptions indicated. For example:

"EXCEPTION: A person is not prohibited from receiving or possessing a firearm if that person: .... (2) has been convicted of a State misdemeanor punishable by imprisonment of two years or less;"

PS: Not that Question 21.d matters if one is still using marijuana they would have to lie on Question 21.f since MJ usage is still illegal at the federal level even if legal at the state level.

"f. 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 whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside."

 

[Fixxah]

ATF ignored the fact that having a card doesn't mean you're a user.

I have a card, but I don't partake. My card is a caretaker card, but it looks just like a patient card.

So what happened to all that freedom from .gov you twisted your panties about earlier?

 

[G753]

See the instructions for Question 21.d if you haven't already. It's on page 5 of the 4473 form.
https://www.atf.gov/file/61446/download#page=5
There are some exceptions indicated. For example:

"EXCEPTION: A person is not prohibited from receiving or possessing a firearm if that person: .... (2) has been convicted of a State misdemeanor punishable by imprisonment of two years or less;"

PS: Not that Question 21.d matters if one is still using marijuana they would have to lie on Question 21.f since MJ usage is still illegal at the federal level even if legal at the state level.

"f. 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 whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside."

Wow, thank you very much for that, so then question 21.d could be lawfully answerd (NO) if in fact the person’s situation matches that exception you listed, and regardless absolutely does not smoke, use or have Marijuana

Thank you very much for that

 

[Fixxah]

4. Have you ever been arrested or appeared in court for any criminal offense?

This is where people make mountains out of molehills. This is a very straightforward, yes or no answer. Then, in the section where they say provide details in his case it would be the date, the charges, and not convicted. If he paid someone for that information it’s kind of sad. The Slippin’ Jimmys of the world love billable hours.

Your being a long time member gives a little leeway with being a dickhead but you are clueless as to what kind of people the counselor Broc are. Troll away.

 

[KBCraig]

So what happened to all that freedom from .gov you twisted your panties about earlier?

Your knickers are not my knickers, but do carry on.

 

[josephhamil]

I understand the hassle of your medical marijuana card expiring and also trying to get your LTC. It’s a bit of a juggle, but you can handle it. For the medical card, you’ll need to see a doctor who can renew it for you if you’re in a state where that’s allowed. It varies from place to place. As for the LTC, you’ll likely need to complete a safety course and go through a background check. These things don’t overlap, so you’ll be dealing with each process separately. If you’re in the market for vape products or just want some advice, I’d recommend checking out Vape Store new Headshop.

 

[clampett]

Question 21F on a 4473.
"Are you an unlawful user of,

I didn't read through the whole thread, so I'm not sure if this has already been discussed.

I think that the question is vague and unclear.
I think that you could honestly answer no, and if challenged, you could say, oh yeah, I used to use those substances, but I quit using them, and at the time I answered the question, I answered it honestly.

If they worded the question differently -- "Are you now, or have you ever been an unlawful user of" -- that would have eliminated any question about past or current tense.

 

[KBCraig]

I didn't read through the whole thread, so I'm not sure if this has already been discussed.

I think that the question is vague and unclear.
I think that you could honestly answer no, and if challenged, you could say, oh yeah, I used to use those substances, but I quit using them, and at the time I answered the question, I answered it honestly.

If they worded the question differently -- "Are you now, or have you ever been an unlawful user of" -- that would have eliminated any question about past or current tense.

ATF supposedly has some timeline that they go by to determine "current user", but it's not included in the instructions on the 4473.

You could honestly answer "no" if you quit in the parking lot on your way in.

 

[BlueToad]

But it says unlawful user, wouldn’t you be a lawful user with the card?

I don’t and never have smoked, probably one of the very few on the planet lol…but was curious if people go into dispensaries that have a LTC?

From a federal perspective, you cannot lawfully consume marijuana.

 

[Coda]

From a federal perspective, you cannot lawfully consume marijuana.

Thank You for that, I am sure none of us knew.....

Welcome to NES and Happy New Year.