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LTC and buying dispensary marijuana (not medical)

Picton said:
I bet a MA court would actually be pretty friendly to a more expansive use of the word "current."

But! The issue is guns, so... maybe the court's head would explode.
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When MA decriminalized MJ, the law actually stated that a citation may not be used as the basis of denial for any state license or benefit.

Fletcher v. Haas established that a MJ record is not a disqualifier to having an LTC or possessing firearms under MGL.
 
Rob Boudrie said:
You are a federally prohibited person if you use non-medical, or medical, MJ. Some gun shops will refuse a sale if they see a MJ card in you wallet.
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So a family friend is asking me if they're taking a risk by having a medical marijuana card AND a LTC? They never carry a gun and only have one at home for HD. But they want to know if for whatever reason they get pulled over (broken tailight etc.) and they somehow find out they have a MMC (and of course they can easily check their computer to confirm if they have a LTC), will he get jammed up?

What is the latest info on having a LTC and MMC? Seems like it is still very unclear and LTC and MMC holders should be cautious

They have no plans on buying anymore guns as they understand they may be lying on the 4473

Sounds like I should just tell them no one knows at this point and to be cautious as they COULD get jammed up.
 
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DW357 said:
So a family friend is asking me if they're taking a risk by having a medical marijuana card AND a LTC? They never carry a gun and only have one at home for HD. But they want to know if for whatever reason they get pulled over (broken tailight etc.) and they somehow find out they have a MMC (and of course they can easily check their computer to confirm if they have a LTC), will he get jammed up?

What is the latest info on having a LTC and MMC? Seems like it is still very unclear and LTC and MMC holders should be cautious

They have no plans on buying anymore guns as they understand they may be lying on the 4473
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In MA they are prohibited by law from penalizing him for that.

The Federales are a different story.
 
Mesatchornug said:
In MA they are prohibited by law from penalizing him for that.

The Federales are a different story.
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Thanks. I just did more research and found this

AN ACT FOR THE HUMANITARIAN MEDICAL USE OF MARIJUANA.​

Section 4. Protection From State Prosecution and Penalties for Qualifying Patients and Personal Caregivers
Any person meeting the requirements under this law shall not be penalized under Massachusetts law in any manner, or denied any right or privilege, for such actions.
 
DW357 said:
Thanks. I just did more research and found this

AN ACT FOR THE HUMANITARIAN MEDICAL USE OF MARIJUANA.​

Section 4. Protection From State Prosecution and Penalties for Qualifying Patients and Personal Caregivers
Any person meeting the requirements under this law shall not be penalized under Massachusetts law in any manner, or denied any right or privilege, for such actions.
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I even used the right word! Thanks for grabbing the quote.
 
Cjm1887 said:
Basically one of my GF coworkers had mention to her that if you had purchased marijuana from a dispensary then i wouldn’t be able to obtain a LTC or purchase a gun in that matter. Only reason she had mentioned something to my GF was because she was told by 3 other people that she knows that, that would be the case for herself and I was curious.
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Stop believing what people say cause most of it's wrong. And I've discovered through experience that even the guy behind counter at the local gun shop sometimes has his info wrong.

Have a good friend in RI. He's not a kid.

He inherited a nice 357 police revolver (beautiful gun) his Dad acquired some time in the 70's. Dad died and Mom said "Get this thing out of my house".

He wanted to shoot it but said he couldn't come to the range with me because his coworker told him his gun needed to be registered in MA and he needed to take the safety course. He also did not have his blue card, so he was sure someone was going to come looking for him at any moment.

I said "Not sure who told you that but they're full of shit..it will be ok. No one at the range is going to ask you to pull out your gun and check serial numbers".
Reagrding a blue card..."Did you buy the gun?"...."No, well that's all a blue card is for, to buy in RI...not a license of any kind".

But it was MA that was in question so almost anything is believable.
 
DW357 said:
So a family friend is asking me if they're taking a risk by having a medical marijuana card AND a LTC? They never carry a gun and only have one at home for HD. But they want to know if for whatever reason they get pulled over (broken tailight etc.) and they somehow find out they have a MMC (and of course they can easily check their computer to confirm if they have a LTC), will he get jammed up?

What is the latest info on having a LTC and MMC? Seems like it is still very unclear and LTC and MMC holders should be cautious

They have no plans on buying anymore guns as they understand they may be lying on the 4473

Sounds like I should just tell them no one knows at this point and to be cautious as they COULD get jammed up.
Click to expand...

It's only an issue if they buy a gun at an FFL and answer no to the Marijuana question on the Form 4473. It would have to be the Feds who pick up on the fact that they have a MA issued MMJ Card & not sure how they'd do that since MA says they don't give out that info, although I'd never trust MA not to run a report matching LTCs & MMJ Cards and leak it to the Feds someday.
 
Buck Fiden said:
It's only an issue if they buy a gun at an FFL and answer no to the Marijuana question on the Form 4473. It would have to be the Feds who pick up on the fact that they have a MA issued MMJ Card & not sure how they'd do that since MA says they don't give out that info, although I'd never trust MA not to run a report matching LTCs & MMJ Cards and leak it to the Feds someday.
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Even then, the question on the form refers to ilegal use or addiction, not purchase or possession. So they'd need to decide to run a sting on purchasers and test them for use.

When we consider the number of steps to get to this point, it sounds like a "Movie-Plot Threat." Is it possible? Of course. Would I worry about it? Not even for a second. Am I a lawyer/is this advice? Not in the slightest.
 
Jason Flare said:
“...unlawful user” is present tense.

If, in the past, you bought marijuana for a friend and are not currently using marijuana you could answer “no” on the 4473 and buy a gun.

I am not a lawyer.
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It was good enough for Clinton, parsing "is".

“It depends on what the meaning of the word ‘is’ is. If the—if he—if ‘is’ means is and never has been, that is not—that is one thing. If it means there is none, that was a completely true statement. … Now, if someone had asked me on that day, are you having any kind of sexual relations with Ms. Lewinsky, that is, asked me a question in the present tense, I would have said no. And it would have been completely true."
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SCOTUS is about to consider a case next week concerning the meaning of the word "and" as it pertains to couple of criminal cases and sentencing.
 
Mesatchornug said:
Even then, the question on the form refers to ilegal use or addiction, not purchase or possession. So they'd need to decide to run a sting on purchasers and test them for use.

When we consider the number of steps to get to this point, it sounds like a "Movie-Plot Threat." Is it possible? Of course. Would I worry about it? Not even for a second. Am I a lawyer/is this advice? Not in the slightest.
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The next sentence, the statement, not the question, is directly regarding the possession of medical marijuana.

1696004038168.png
 
DW357 said:
So a family friend is asking me if they're taking a risk by having a medical marijuana card AND a LTC? They never carry a gun and only have one at home for HD. But they want to know if for whatever reason they get pulled over (broken tailight etc.) and they somehow find out they have a MMC (and of course they can easily check their computer to confirm if they have a LTC), will he get jammed up?

What is the latest info on having a LTC and MMC? Seems like it is still very unclear and LTC and MMC holders should be cautious

They have no plans on buying anymore guns as they understand they may be lying on the 4473

Sounds like I should just tell them no one knows at this point and to be cautious as they COULD get jammed up.
Click to expand...

A family friends suggestion. Grow it, keep it quiet, no problems, no lists.
 
Matt_SERE said:
The next sentence, the statement, not the question, is directly regarding the possession of medical marijuana.

View attachment 800737
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Absolutely.

But you're answering the question, not the statement. That sentence seems more like a scare tactic than anything. "Don't forget, the feds still hate MJ even if your locality doesn't."

There's risk, and I'm not recommending people lie or make bets they're not prepared to pay, but the law still (allegedly) functions on definitions.

If they want to just start rounding up everyone who's purchased, then you're in an even bigger class that gets to fight all the way to SCOTUS. If they pick only gun buyers who are also mj buyers, it sounds like you get a 14th amendment defense as well.
 
TLDR,
Mark my words, not today but some day in the future, when they come for the guns, they'll be using this question and cross-referencing with what you bought at the local dispensary.
[tinfoil]
I live with a bad liver, hangovers, extra weight, and fancy tastebuds for those froo-froo IPA's, but sorta glad I don't like pot for this reason.
[tinfoil]
 
Mesatchornug said:
Absolutely.

But you're answering the question, not the statement. That sentence seems more like a scare tactic than anything. "Don't forget, the feds still hate MJ even if your locality doesn't."

There's risk, and I'm not recommending people lie or make bets they're not prepared to pay, but the law still (allegedly) functions on definitions.

If they want to just start rounding up everyone who's purchased, then you're in an even bigger class that gets to fight all the way to SCOTUS. If they pick only gun buyers who are also mj buyers, it sounds like you get a 14th amendment defense as well.
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Correct, but it is an ATF form and not a state form. I think we will do what we will, but everyone should be informed. Matt
 
The BATFE considers possession of a medical MJ license as presumptive evidence the holder is a users, and FFL dealers are instructed not to sell to a person with such a license. The last time I was at Kittery there was a sign notifying customers they would not sell to such a person.

I would assume that having a medical MJ card would fall into the category of prima facie evidence of use. In practical terms that means the court considers the evidence presumptive unless you offer evidence to the contrary.

I have long advocated that people not have any LTC, from any state, visible when opening their wallet. Looks like I need to add Medical MJ card when teaching a licensing course.
 
Sometimes its worth it, sometimes not, TLDR.

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Rob Boudrie said:
I have long advocated that people not have any LTC, from any state, visible when opening their wallet. Looks like I need to add Medical MJ card when teaching a licensing course.
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Good advice. I keep mine tucked behind my DL and debit card
 
Will likely be moot before the next election:

www.maynardnexsen.com

HHS Recommends that Marijuana be Reclassified as Schedule III Controlled Substance

Currently, marijuana and the active chemical THC (except as derived from hemp) are classified as Schedule I controlled substances, along with heroin, ecstasy, and LSD. Maynard Nexsen explores this topic and how the HHS recommends that marijuana be reclassified as Schedule III controlled...
www.maynardnexsen.com www.maynardnexsen.com

bolt said:
Sometimes its worth it, sometimes not, TLDR.
basic-nfa-gun-trust
Click to expand...
Unless you carefully structure the transaction, post-41F NFA trusts do not keep your name off the firearms transfer paperwork.
 

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