HQL denied to to Medical Marijuana Card?

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  • teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,838
    Bel Air
    If you think the Ds didn't use this as a back door to firearms prohibition, your tinfoil hat isn't on tight enough.
    They tried to pass a bill to make it legal for marijuana users to be able to buy guns 2 years ago.
     

    jrumann59

    DILLIGAF
    MDS Supporter
    Feb 17, 2011
    14,024
    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?


    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.
    Trump did not have an ATF head, the head of was an Acting Position, no on has been confirmed in that position until this last guy by Biden, before him it was 15 years since the last confirmed head of the ATF. Regardless ATF cannot change federal law based on the classification of marijuana. Again, most here saw the train wreck that was to be once marijuana was decriminalized. There were numerous threads about how dispensaries had to contract protection of their shops due to federal laws.
     

    omegared24

    Ultimate Member
    Dec 23, 2011
    4,747
    Ijamsville, MD
    Why people willingly put themselves on a list saying they use something that is illegal at the federal level is beyond me. Then they go to a dispensary and give more evidence.

    I get it, prescription drugs are bad. In fact, I suffered through a broken ankle because the percocets the doctor prescribed just made me feel odd.

    Everyone that I know that smokes weed claims that it is the cure all for everything. I think someone told me it cured athletes foot one time.

    FWIW...I'm actually open to making all drugs legal and just treating them like alcohol when it comes to driving or public intoxication.
     

    smokey

    2A TEACHER
    Jan 31, 2008
    31,522
    As long as it's easier to get black market weed than black market guns, and the penalty for weed is next to nothing, while the penalty for guns is pretty significant... if you must choose which one to do government paperwork for, guns are the clear winner.
     

    rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,716
    Columbia
    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?
    Because legally he couldn't do that. The FDA would have to remove it from being listed as a schedule 1 drug.
     

    Brickman301

    Ultimate Member
    Mar 23, 2015
    2,544
    FREDERICK, MD
    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?
    You are correct it’s not on the 77, but it is on the 4473, which you also fill out.
    MM might be legal in the state, but it’s still an illegal substance per federal law. The 4473 is a federal form, and there is the issue. It’s listed as 21E in the picture of the form I attached
     

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    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,838
    Bel Air
    You are correct it’s not on the 77, but it is on the 4473, which you also fill out.
    MM might be legal in the state, but it’s still an illegal substance per federal law. The 4473 is a federal form, and there is the issue. It’s listed a 21E in the picture I attached
    This is the problem, and it will exist until the Devil’s Lettuce is federally legal.
     

    Threeband

    The M1 Does My Talking
    Dec 30, 2006
    25,316
    Carroll County
    It sounds to me like you just need to be patient until next January, and you'll be in the clear.

    Meanwhile, let this be an educational introduction to the problem of bloated government and the tyranny of the Administrative State.

    Most of government consists of unelected bureaucrats and administrators who spew mountains of regulations which have the force of law. This is in defiance of the constitution.

    In this case, your civil rights are being denied, not by the law so much, as by regulations and interpretations of regulations produced by these untouchable bureaucrats. Your rational arguments mean nothing to those people.

    The Administrative State has completely overwhelmed constitutional government since the administration of Woodrow Wilson, and even before.

    But you should be okay next January, which will be here before you know it.
     

    adit

    ReMember
    MDS Supporter
    Feb 20, 2013
    19,686
    DE
    You are correct it’s not on the 77, but it is on the 4473, which you also fill out.
    MM might be legal in the state, but it’s still an illegal substance per federal law. The 4473 is a federal form, and there is the issue. It’s listed as 21E in the picture of the form I attached
    This is the reason why Hunter should be prohibited/in jail for lying on the form.
     

    ChannelCat

    Ultimate Member
    MDS Supporter
    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.
    Legalize MJ on the federal level, change the forms (federal and state) to define habitual use as two DWIs, problem solved.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,730
    It sounds to me like you just need to be patient until next January, and you'll be in the clear.

    Meanwhile, let this be an educational introduction to the problem of bloated government and the tyranny of the Administrative State.

    Most of government consists of unelected bureaucrats and administrators who spew mountains of regulations which have the force of law. This is in defiance of the constitution.

    In this case, your civil rights are being denied, not by the law so much, as by regulations and interpretations of regulations produced by these untouchable bureaucrats. Your rational arguments mean nothing to those people.

    The Administrative State has completely overwhelmed constitutional government since the administration of Woodrow Wilson, and even before.

    But you should be okay next January, which will be here before you know it.
    The problem is our country is too big to sufficiently cover everything with legislation. Legislators are not remotely experts in their field and you already gets multi hundred page bills. Out of that you get thousands of pages of regulation (most of it isn't something 99.9% of people would need to worry about. They include things like exactly how a federal agency should be doing its work, not administrative "law").

    The executive branch has to implement legislation, per COTUS. That is what regulation is.

    Should Congress write a law saying "income taxes, here are the tax brackets. Adjust for inflation, this is the due date and penalties for failure to pay" and then IRS and treasury then write the regulations on how to collect it, how to report it, the forms to use, how to structure the tax examiner branch, etc.

    Or should Congress have to spell out every single detail? Laws are typically somewhere in between BTW.

    PS The worse problem is legislators who have no clue about what they are legislating. Those unelected bureaucrats at least are usually highly skilled and knowledgeable about the areas they are regulating/overseeing/implementing. We complain all the time about horrible gun bills, many of which don't remotely do what the state/federal legislators think it will do. Now expand that out to cover MOST legislation. I am not arguing that bureaucrats should be making the laws. I am just pointing out that implementing a law is still something that takes someone with years of experience in the area to effectively do. The alternative is that more or less congress/legislative assemblies need to absorb all of that policy making that the executive branch does into and only the least complex bills will take YEARS to craft and will be significantly more obtuse to other legislators and the general public. There is literally no other way to govern. ALL governments have an administrative state. All functional governments have fairly large ones.
     

    Beastmode1985

    Member
    Jan 16, 2021
    24
    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????
    You can always turn in your MM card and just tell a friend with a MMC to buy what you need. It’s a bs but their is always a work around.
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    I have had HQL students with expired cards not older than a year manage to get HQLs.
     

    Beastmode1985

    Member
    Jan 16, 2021
    24
    Out of curiosity, would that be a straw purchase? Asking for a friend.
    A straw purchase marijuana? Hell if know I would take my chances with that versus a handgun lol I will prefer to be legally armed and then just get the weed however I get it
     

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