Author Topic: Medical Marijuana with a CCW in Florida  (Read 1681 times)

shorthairptr

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Medical Marijuana with a CCW in Florida
« on: January 25, 2017, 12:59:57 PM »
As we all know most states now have legalized a form (either medial or everyone) of marijuana. Now we ALL know the laws regarding alcohol and carrying but what about medical marijuana? Are the laws basically the same as alcohol? Here in Florida the laws passed to legalize marijuana but it hasn't started yet. The last time I smoked was over 20 years ago but I want to stay ahead of the laws. Ignorance of the law is not an excuse.

I've posted a few questions in the past and have always been answered with straight up honesty. If you did not know the law you replied that you need to do further research. I have always appreciated that.

I've been a member for 3-4 years and thank you advance for your excellent service...

TexasLawShield

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Re: Medical Marijuana with a CCW in Florida
« Reply #1 on: February 07, 2017, 12:32:24 PM »
shorthairptr,

Florida Statutes 790.151 makes it illegal to use a firearm while under the influence of alcoholic beverages, chemical or controlled substances.  Marijuana falls under this law. 
The law states:

To “use a firearm” means to discharge a firearm or to have a firearm readily accessible for immediate discharge.
(2) For the purposes of this section, “readily accessible for immediate discharge” means loaded and in a person’s hand.
(3) It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.
(4) Any person who violates subsection (3) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(5) This section does not apply to persons exercising lawful self-defense or defense of one’s property.

Further, Attached is a letter from ATF that all members should be aware of.  This letter indicates that even if a state legalizes marijuana it is still illegal under federal law.  Federal Law 18 U.S.C. section 922(g)(3) prohibits the possession (among other things) of a firearm by a person who is an unlawful user of any controlled substance.

shorthairptr

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Re: Medical Marijuana with a CCW in Florida
« Reply #2 on: April 09, 2017, 04:38:17 PM »
shorthairptr,

Florida Statutes 790.151 makes it illegal to use a firearm while under the influence of alcoholic beverages, chemical or controlled substances.  Marijuana falls under this law. 
The law states:

To “use a firearm” means to discharge a firearm or to have a firearm readily accessible for immediate discharge.
(2) For the purposes of this section, “readily accessible for immediate discharge” means loaded and in a person’s hand.
(3) It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.
(4) Any person who violates subsection (3) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(5) This section does not apply to persons exercising lawful self-defense or defense of one’s property.

Further, Attached is a letter from ATF that all members should be aware of.  This letter indicates that even if a state legalizes marijuana it is still illegal under federal law.  Federal Law 18 U.S.C. section 922(g)(3) prohibits the possession (among other things) of a firearm by a person who is an unlawful user of any controlled substance.

Thanks..

I am also hearing (dont know if its part of fake news or not) that if you register for the medical marijuana card it can prevent you from purchasing a firearm in the future. When you purchase a firearm and they do a backround check if it shows that you have a marijuana card, you can be refused purchase. Is that possible?

TexasLawShield

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Re: Medical Marijuana with a CCW in Florida
« Reply #3 on: April 13, 2017, 03:04:41 PM »
Shorthairptr,

The ATF recently released an open letter on their position on marijuana and guns and their position is that if you are an “unlawful user” of marijuana, regardless of whether your state has legalized it or not, you cannot purchase or possess a firearm. The ATF specifically lists having this card as prima facie evidence that someone is an unlawful user. If you possess this card it is likely that you are going to be federally prohibited from purchasing an possessing firearms.

shorthairptr

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Re: Medical Marijuana with a CCW in Florida
« Reply #4 on: April 14, 2017, 09:27:33 PM »
sorry but I'm a little confused.  What defines “unlawful user” ?  If I have a clean record but own a medical marijuana card, am I considered an unlawful user?

FYI: I do not use marijuana (even though I've been told it would definitely help my arthritis) and even though the bills passed here in Florida they have not legally made it legal. They are still working out the kinks.  I am trying to learn everything ahead of time.

TexasLawShield

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Re: Medical Marijuana with a CCW in Florida
« Reply #5 on: April 20, 2017, 01:40:31 PM »
shorthairptr,

27 CFR 478.11
Unlawful user of or addicted to any controlled substance. A person who uses a controlled substance and has lost the power of self-control with reference to the use of controlled substance; and any person who is a current user of a controlled substance in a manner other than as prescribed by a licensed physician. Such use is not limited to the use of drugs on a particular day, or within a matter of days or weeks before, but rather that the unlawful use has occurred recently enough to indicate that the individual is actively engaged in such conduct. A person may be an unlawful current user of a controlled substance even though the substance is not being used at the precise time the person seeks to acquire a firearm or receives or possesses a firearm. An inference of current use may be drawn from evidence of a recent use or possession of a controlled substance or a pattern of use or possession that reasonably covers the present time, e.g., a conviction for use or possession of a controlled substance within the past year; multiple arrests for such offenses within the past 5 years if the most recent arrest occurred within the past year; or persons found through a drug test to use a controlled substance unlawfully, provided that the test was administered within the past year. For a current or former member of the Armed Forces, an inference of current use may be drawn from recent disciplinary or other administrative action based on confirmed drug use, e.g., court-martial conviction, nonjudicial punishment, or an administrative discharge based on drug use or drug rehabilitation failure.

Since the federal law has determined all use of cannabis is illegal, the exception above for use “as prescribed by a licensed physician” would not apply. This is why the ATF stated that having a medical marijuana card is prima facie evidence that someone is an unlawful user, their logic is that if someone has gone through the trouble to apply and receive a card then they must obviously be a user.