Author Topic: Medical Marijuan and your CPL  (Read 4132 times)

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Offline jeffsayers

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Medical Marijuan and your CPL
« on: February 21, 2011, 01:50:48 AM »
I was asked last week if I knew how a CPL holder would be affected by having a medical marijuan card. I advised them to come register here and ask, but I guess they just wanted a quick answer. Oh well, it should get discussed anyway I suppose.

One must consider both the legality of possessing a firearm and medical marijuana simultaneously, as well as possessing a firearm while actually under the influence of medical marijuana.

Since medical marijuana can be possessed legally and firearms can be possessed legally, in my little mind their should be no conflict there. Unless there are terms to having the M.M. card that force you to give up your right to bear arms.

However, what about actually being under the influence while carrying a firearm? There is no way to measure a level of "intoxification" like we do with alcohol.

Curious to see what everyone thinks!

United we STAND!
I open carry for the same reason God gave poisonous animals bright colors.

Offline Beo

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Re: Medical Marijuan and your CPL
« Reply #1 on: February 21, 2011, 03:32:10 AM »
I look at marijuana the same as any mind altering substance. If your judgement is impaired, or you can not operate the weapon safely, then you should not be carrying a weapon. Im not a smoker, but if smoking marijuana does not cause you to be unsafe then I don't see the harm.

On a side note, I don't think that the government has the right to tell you what you can and can't put into your own body. I think that the medical marijuana laws are un-nessessary and that it should be legal to put whatever you want into your own body as long as it does not injure anyone else.

Warchild

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Re: Medical Marijuan and your CPL
« Reply #2 on: February 21, 2011, 07:34:51 AM »
I checked into this with the MSP last year. They informed me it would not have any affect on my cpl under Mich. law. However (as I have preached to my relatives) you are still violating federal law. Charges could be brought by the feds i.e.; if you are growing and/or are a "care giver" with a license. Charges could include the following.

Growing with intent to distribute
Processing for distribution
Distribution for sales and profit
Possession of a firearm during the commission of a felony

Not to say any of this "would" happen; only that I was told this is what "could" happen.

My biggest problem with this whole law is the fact that when you sign for your med smoke license you authorize a no knock warrant anytime without any PC/RAS for doing so.

I don't want "anyone" having the authority to no knock search my home and property.
Anyone considering getting a license better consider the possible side effects of what "could" happen.

JMO

Warchild

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Re: Medical Marijuan and your CPL
« Reply #3 on: February 21, 2011, 07:42:55 AM »
Sorry, forgot the second part of your question. This will actually wind up having to be challenged under state law but there is already a SCOTUS decision on marijuana influence. It is interesting to say the least.

People v. Feezel, No. 138031 (Mich. June 8, 2010).
THC Not a Controlled Substance
11-Carboxy-THC is not a controlled substance.
Defendant was driving a car when he was involved in a fatal crash. His BAC at the time of the accident was an estimated 0.091 to 0.115 and there were also 6 nanograms of 11-carboxy-THC in his blood. One of the charges brought against him was OWPD (operating with the presence of drugs) causing death. 11-Carboxy-THC is a byproduct of metabolism created when the body breaks down the psychoactive ingredient of marijuana. Under previous case law, a person who operated a motor vehicle with the presence of any amount of 11-carboxy-THC in his or her system violated MCL 257.625(8) which is the OWPD law.
The Michigan Supreme Court reversed the previous holding.
The court held that 11-carboxy-THC is not a schedule 1 controlled substance and,
therefore, a person cannot be prosecuted under MCL 257.625(8) for operating a motor vehicle with any amount of 11-carboxy-THC in his or her system. For the OWPD charge, lab results should indicate THC levels in the defendant’s blood.

(bold my emphasis)

According to this decision; how can you be charged for being under the influence of a controlled substance while armed when it has been ruled that THC is not a controlled substance?

So...IMHO... you can be stoned to the bone and no charges should be filed with this SCOTUS ruling.

Offline METL

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Re: Medical Marijuan and your CPL
« Reply #4 on: February 21, 2011, 08:14:12 AM »
I don't think 11-carboxy-THC = Tetrahydrocannabinol (THC)

Warchild

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Re: Medical Marijuan and your CPL
« Reply #5 on: February 21, 2011, 08:54:32 AM »
Yes...it is:
From Wikipedia, the free encyclopedia
11-nor-9-Carboxy-THC, also known as 11-nor-9-carboxy-delta-9-tetrahydrocannabinol, 11-COOH-THC, THC-COOH, and THC-11-oic acid, is the main secondary metabolite of THC which is formed in the body after Cannabis is consumed.

I would still advise against getting a license for medical use personally. At least if you get caught with a little herbal relief on your person it's only a misdemeanor and not a felony.

JMO

Offline jeffsayers

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Re: Medical Marijuan and your CPL
« Reply #6 on: February 21, 2011, 09:28:30 AM »
Great info Warchild, thanks.

So for a card holder they are already accepting (hopefully with actual knowledge) the possible ramifications of the federal charges. Possessing a firearm simply adds another nail in the potential coffin. In for a penny, in for a pound I guess. I just hope I never need the stuff myself.

So, I see how the state would not be likely to charge for being under the influence, but what about the scenario we all dread. Suppose a card holder is indeed under the influence and has to use lethal force. Any thoughts on if this could result in convictions, or even charges, of homicide in an otherwise justified situaiton?

I won't even ask about the possible ramificaitons of civil liability, I think anyone can safely assume what Jeff Fieger or some scumbag ambulance chaser would do to the poor sap that ever found themselves in that spot.
United we STAND!
I open carry for the same reason God gave poisonous animals bright colors.

Warchild

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Re: Medical Marijuan and your CPL
« Reply #7 on: February 21, 2011, 09:47:57 AM »
Keep in mind the castle doctrine would not protect you; for you (by virtue of being under the influence) were in the commission of a crime (under the influence an illegal drug) when using deadly force.
As you say, it would be one for the courts to decide your fate.

Such is why I would strongly advise against it.