Medical Marijuana Hypothetical

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  • Straightbolt

    unindicted co-conspirator
    Apr 4, 2015
    2,507
    The 'Burbs
    An interesting hypothetical came up and I wanted to see what the prevailing view was.

    Given that Marijuana use is illegal at the federal level and thus a disqualifier, would giving up a Medical card via the state's form to inactivate a card remove the disqualifier or would it be enough to simply stop using and just let the card expire?
    You don't need a medical marijuana card to legally purchase or use cannabis in MD.
     

    scottyfz6

    Ultimate Member
    Dec 22, 2018
    1,380
    Why do you have to wait a whole year? If you invalidate it shouldn't that be that?

    Is that that they only update once a year?
    I know someone who sent it back certified mail. One month later she got her HQL, she provided a letter and a copy of the certification of delivery with her app. No issue what so ever.
     

    ras_oscar

    Ultimate Member
    Apr 23, 2014
    1,667
    The GCA doesn't name prohibited substances.

    18 USC 922(G)(3)

    • who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act, codified at 21 U.S.C. § 802);

    An Executive Order could fix all that.
    Exactly: "unlawful user of or addicted to...." Schedule 1 says no medical use exists. Schedule 3 says medical properties recognised. Soooo if one has a weed card, presumably one is under a doctor's care and therefore not an unlawful user of at a federal level. Same as if one is prescribed and using any other schedule 3 substance. Firearms are not prohibited for say a prescription for Tylenol with Codine.

    It's just an thought puzzle, I have no expectation that the current administration is interested in doing anything that assists people in owning and carrying firearms.

    And I don't believe Trump (if elected) has any interest in alcohol, tobacco firearms or MJ.
     

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