HQL denied to to Medical Marijuana Card?

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  • dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,101
    I have honestly never been on that site before, I will have to check for updates on it and MSI. Thank you



    I have been doing firearms casually for many years, but recently just joined up here. I really have not had the time in years past with the SUPER long work hours I have worked to do the extra curricular stuff and still have time to enjoy shooting, so I just didn't. With ******** changing things there really has not been much to do these days other then talk smack online and work occasionally when I am aloud to. That and I have bathed in political silliness for the past couple months because a co worker guilted me into being informed. What a prick he is for giving me this stay informed responsibility.

    Welcome to the fountain of knowledge, it is what you make of it.

    As for the legislative session, the most bang for your buck is to show up and testify. If you aren't able to do that, we encourage people to submit written testimony, but those rules changed a bit last year and we will have to see what the rules are for that this year. The next level down is easier, write, e-mail, and call you Delegate(s) and Senator in Annapolis on any and every bill (2A and other) that is important to you.
     

    Chumm

    Member
    Aug 1, 2022
    11
    Gaithersburg
    So I guess we just spent a bunch of money for nothing....we were just told by the state police that are going to be denied due to the fact that we are "habitual" users of Medical Marijuana. I said first of, habitual implies that I use marijuana due to a habit, I use it occasionally along with CBD for a medical condition (scleroderma) rather than be on Oxy's or Percs or other narcotics.

    So I guess our choice is:

    A. Turn in the MM Card and start taking Percs, Oxy and whatever narcotics they will throw at us AND THEN we can possess a handgun.

    B. Continue with our MM usage for medical purposes and load up on rifles, shotguns, sling shots, bow and arrow or whatever the hell else we want to just NOT a handgun.

    I also did not see this one the Maryland licensing website, the website of the instructor for the HQL class nor did they address it in class.

    Any thoughts on this????
    I just took and HQL course this past weekend and this subject came up, almost inadvertently. It made me straighten up because I had a valid MM card up until January of this year. I let it lapse because my back pain (the reason for the script) had lessened over time and I hadn't had the need to use in many months. It never occurred to me that the prescription would be cause to deny my right to own a hand gun. I know now this had been posted on this site many times, but I also didn't know about this site until today.

    I've read two opinions about what comes next. I can wait until next January and apply, or I may be excluded from owning at all until the Feds reclassify marijuana to be something other than a Class I drug. Does anyone know as fact which it is? Can someone clarify for me if this is a federal requirement or is it just for Maryland?

    I just read the form 77R. It doesn't ask if I have ever had a MM card. It only asks if I am a addict or habitual user of an controlled substance. I can truthfully answer no to that question. Why is this even an issue then?

    I currently own two long guns, am I legal with those? I've had them forever, one was my fathers that he bought new in 1932. I imagine I could find myself a handgun, but don't think I want to own one illegally.
     
    Last edited:

    jrumann59

    DILLIGAF
    MDS Supporter
    Feb 17, 2011
    14,024
    I just took and HQL course this past weekend and this subject came up, almost inadvertently. It made me straighten up because I had a valid MM card up until January of this year. I let it lapse because my back pain (the reason for the script) had lessened over time and I hadn't had the need to use in many months. It never occurred to me that the prescription would be cause to deny my right to own a hand gun. I know now this had been posted on this site many times, but I also didn't know about this site until today.

    I've read two opinions about what comes next. I can wait until next January and apply, or I may be excluded from owning at all until the Feds reclassify marijuana to be something other than a Class I drug. Does anyone know as fact which it is? Can someone clarify for me if this is a federal requirement or is it just for Maryland?

    I have been looking fruitlessly for a copy of the application and where it asks about this. Do they specifically ask if you have a card? Or do they only ask if you use drugs? I can truthfully answer no to both questions, but if they ask if I have ever used drugs or have ever had a MM card, I must say yes to both.

    This really sucks. I currently own two long guns, am I legal with those? I've had them forever, one was my fathers that he bought new in 1932. I imagine I could find myself a handgun, but don't think I want to own one illegally.
    First I would talk to a lawyer, and secondly I would not have put any possible incriminating evidence on the internet. Thirdly I would have done more research before going down the rabbit hole that medical marijuana is. Part of me believes that Dems decriminialized it so people would voluntarily make themselves prohibited from firearms.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,830
    Bel Air
    I just took and HQL course this past weekend and this subject came up, almost inadvertently. It made me straighten up because I had a valid MM card up until January of this year. I let it lapse because my back pain (the reason for the script) had lessened over time and I hadn't had the need to use in many months. It never occurred to me that the prescription would be cause to deny my right to own a hand gun. I know now this had been posted on this site many times, but I also didn't know about this site until today.

    I've read two opinions about what comes next. I can wait until next January and apply, or I may be excluded from owning at all until the Feds reclassify marijuana to be something other than a Class I drug. Does anyone know as fact which it is? Can someone clarify for me if this is a federal requirement or is it just for Maryland?

    I just read the form 77R. It doesn't ask if I have ever had a MM card. It only asks if I am a addict or habitual user of an controlled substance. I can truthfully answer no to that question. Why is this even an issue then?

    I currently own two long guns, am I legal with those? I've had them forever, one was my fathers that he bought new in 1932. I imagine I could find myself a handgun, but don't think I want to own one illegally.
    Maryland checks to see if you have a MJ card. In the past, they have required people to give them up for a period of 1 year to get a HQL/buy a handgun.
     

    Rickman

    Ultimate Member
    MDS Supporter
    Dec 31, 2012
    10,568
    Port Deposit, MD
    Quite a few of us argued (speculated) almost immediately that the MJ card would be a disqualifier. As long as the question is still on the form and the Fed.gov does not change the classification, a person with a card is by default an habitual user. Also that the "D"s would use it for backdoor gun control.
     

    Chumm

    Member
    Aug 1, 2022
    11
    Gaithersburg
    First I would talk to a lawyer, and secondly I would not have put any possible incriminating evidence on the internet. Thirdly I would have done more research before going down the rabbit hole that medical marijuana is. Part of me believes that Dems decriminialized it so people would voluntarily make themselves prohibited from firearms.

    Well I'm not you unfortunately, or? I don't think Dems were thinking along those lines
     

    Chumm

    Member
    Aug 1, 2022
    11
    Gaithersburg
    First I would talk to a lawyer, and secondly I would not have put any possible incriminating evidence on the internet. Thirdly I would have done more research before going down the rabbit hole that medical marijuana is. Part of me believes that Dems decriminialized it so people would voluntarily make themselves prohibited from firearms.

    Well I'm not you unfortunately, or? I don't think Dems were thinking along those lines. Don't give them that much credit. Why didn't Trumps ATF Director change that written policy?
     

    Chumm

    Member
    Aug 1, 2022
    11
    Gaithersburg
    First I would talk to a lawyer, and secondly I would not have put any possible incriminating evidence on the internet. Thirdly I would have done more research before going down the rabbit hole that medical marijuana is. Part of me believes that Dems decriminialized it so people would voluntarily make themselves prohibited from firearms.

    Well I'm not you unfortunately, or? I don't think Dems were thinking along those lines. Don't give them that much credit. Why didn't Trumps ATF Director change that written policy?
     

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    Occam

    Not Even ONE Indictment
    MDS Supporter
    Feb 24, 2018
    20,395
    Montgomery County
    Well I'm not you unfortunately, or? I don't think Dems were thinking along those lines. Don't give them that much credit. Why didn't Trumps ATF Director change that written policy?
    A change that would allow people who regularly use illegal drugs to pass that federal background check is too much without legislative movement in that direction.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,726
    If it is removed by federal legislation as a class 1, you’d then be good unless the state further restricts.

    In general habitual use bans you within the last year. Though I think convictions it is 3 years? I forget on that one (takes two DUIs to be considered habitual. Not sure on public intoxication. That might also be considered evidence of a habitual user)
     

    K31

    "Part of that Ultra MAGA Crowd"
    MDS Supporter
    Jan 15, 2006
    35,674
    AA county
    Legally change your name to Hunter Biden. Then get/carry what you want.
     

    Chumm

    Member
    Aug 1, 2022
    11
    Gaithersburg
    First I would talk to a lawyer, and secondly I would not have put any possible incriminating evidence on the internet. Thirdly I would have done more research before going down the rabbit hole that medical marijuana is. Part of me believes that Dems decriminialized it so people would voluntarily make themselves prohibited from firearms.

    Well I'm not you unfortunately, or? I don't think Dems were thinking along those lines. Don't give them that much credit. Why didn't Trumps ATF Director change that written policy?

    A change that would allow people who regularly use illegal drugs to pass that federal background check is too much without legislative movement in that direction.
    I's sure this has been discussed to death but I will add my insignificant thought to it. I don't think the form needs to be changed at all. I do think that simply because someone has a MM, it doesn't make them a habitual user. It's that simple. I bet I used less than 6 times in 2021, and none this year. Yet I am a habitual user by the ATF's thinking. Yet I have to get a dui thrice for them to think I'm a drunkard, when we all know anyone who who is caught twice has not been caught 10's or hundreds of times. That reasoning is a stretch in my tiny brain.
     

    Occam

    Not Even ONE Indictment
    MDS Supporter
    Feb 24, 2018
    20,395
    Montgomery County
    I do think that simply because someone has a MM, it doesn't make them a habitual user.
    The overwhelming majority of people with a medical marijuana card got a doctor to sign off on one because of a stated need to use it regularly, as medicine. Most, of course, are nudge-nudge-wink-wink routine recreational users. You're the exception, not the rule. You're barking up the wrong tree, thinking that it's the ATF that's the issue. There are untold numbers or other agencies and private employers who all use the same standard (for employment, equipment use, security clearances and more) because the drug those people want to use are considered illegal. ATF is simply using the same standard as countless other entities. If you want it to change, you need to get the national legislature to treat the drug as not a drug.
     

    2A Maryland

    Active Member
    Dec 7, 2016
    104
    Towson, MD
    Four points:
    1. Your instructor let you down by not providing a comprehensive presentation of Maryland's gun laws.
    2. Visit 2A Maryland, join the email list.
    3. Sign up for 2A Maryland's Zoom II meeting with the Maryland State Police on 8/4
    4. Download the pdf of Maryland Gun Laws from 2A Maryland's website.
     

    Applehd

    Throbbing Member
    MDS Supporter
    Apr 26, 2012
    5,289
    If you think the Ds didn't use this as a back door to firearms prohibition, your tinfoil hat isn't on tight enough.
     

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