Ask An Attorney by USCCA

Guns and Marijuana - February 27, 2020


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Kevin, Tom, and a special guest discuss the issue of marijuana use and firearms.  The episode opens with attorney Tom Grieve’s initial thoughts regarding use of marijuana and carrying firearms and moves on to questions and answers from USCCA members. Questions asked include how to handle 11E on the Form 4473 if you do use medical marijuana, whether you can use it medically and still have a concealed carry permit, and if you can be prosecuted if you do not use but are in the car with someone who does. Differences between state and federal laws and enforcement – or lack thereof – are also covered.

Shownotes:

  • Discussion of Tom Grieve’s initial thoughts on marijuana use and firearms. (~1:00)
  • Does using THC for sleep affect your ability to carry the next day? (~2:55)
  • Discussion of lack of case law regarding CBD Oil. (~4:50)
  • If you have a medical marijuana card and live in Illinois can you still have a FOID card? (~9:50)
  • Why was it so easy to make marijuana legal in some states but still so hard to get gun rights enforced? (~13:39)
  • My wife has multiple sclerosis and medically prescribed marijuana. How does that affect my own gun rights? (~15:36)
  • Can they seize my firearms that I already own when I get my medical marijuana card or can I just not buy new firearms? (~18:27)
  • I’m a retired LEO and my wife is a retired, disabled veteran. If she starts using medical marijuana and I am the one who has to pick it up for her will it hurt my right to carry? (~19:35)
  • What licensing and monitoring goes on for farmers growing industrial hemp? (~21:40)
  • As a USCCA instructor do I have the right to turn down someone with a medical marijuana card from training? (~23:51)
  • In Illinois when entering a medical marijuana store they scan your driver’s license. Does that information get shared with law enforcement? (~24:50)
  • How many times has the head of the Wisconsin Hemp Manufacturer’s Association been audited? (~26:15)
  • If you’re a cannabis farmer can you have firearms on your farm? (~27:45)
  • Why aren’t people who lie on their Form 4473 get prosecuted? (~29:45)
  • I’m an Uber driver and carry while driving. If I get pulled over and the police find the marijuana on the person I am transporting can I be prosecuted? (~30:48)
  • If I am prescribed a controlled substance by a doctor, not marijuana, can I still carry? (~33:02)
  • If marijuana is legalized on a federal level can I use it like alcohol and still carry?  (~35:54)
  • Can you please explain block 11E on Form 4473? (~38:13)
  • Can a person in Florida lose their gun rights even with the scheduling change made to medical marijuana? (~39:05)
  • How am I supposed to answer the Form 4473 if I use medical marijuana? (~42:00)
  • Do I need to be worried about selling private firearms to medical marijuana users? (~43:34)
  • If my roommate uses marijuana and I do not, and I shoot a home invader in self-defense, can his marijuana use hurt me? (~46:13)
  • I don’t think marijuana and firearms belong together. What do you think? (~47:55)
  • Discussion of impairment and firearms. (~50:00)
  • I carry. Is it illegal for me to be in the car with someone carrying medical marijuana. (~51:51)
  • If I test positive for THC even though it’s been days or weeks since I used it can it still hurt me after a self-defense shooting? (~53:22)
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