Medical Marijuana vs. Concealed Carry

[Five-0]

Click the link for the full story:

Up in Smoke: Can Marijuana Users Pack Heat? - Law Blog - WSJ


APRIL 4, 2011, 2:44 PM ET
Up in Smoke: Can Marijuana Users Pack Heat?



Associated Press/Jeff Barnard
It’s an only-in-America, constitutional mash-up: gun rights and medical marijuana on the same bill!

That’s right, an Oregon case tackles an issue that, we suppose, had to be addressed at some point: Can medical marijuana users carry concealed guns?

Here’s the story, courtesy of AP.

Cynthia Wills, 54, has a medical marijuana permit to treat arthritis and muscle spasms. She also has a permit to carry a concealed handgun.

Oregon police, AP reports, have tried to take away Willis’s gun, prompting Willis to fire back with a lawsuit, joined by three co-plaintiffs. The case is pending in the Oregon Supreme Court.

“Under the medical marijuana law, I am supposed to be treated as any other citizen in this state,” said Willis, a retired school bus driver whose gun of choice is a Walther P-22. “If people don’t stand up for their little rights, all their big rights will be gone.”

State sheriffs, according to AP, say that federal gun laws prohibit firearm sales to drug addicts, a term that includes medical marijuana users, they contend.

“The whole medical marijuana issue is a concern to sheriffs across the country . . . because there is so much potential for abuse or for misuse and as a cover for organized criminal activity,” Washington County Sheriff Rob Gordon told AP.

Gordon’s office rejected three medical marijuana patients in the Portland suburbs who applied for concealed handgun permits.

If Willis loses, she plans to carry her pistol out in the open, in a holster on her hip, which is legal under Oregon law, according to AP.

[pgg]

Maybe the ATF should prosecute her for violating federal law.

[Five-0]

Here is my issue. In my state if you are under the influence of alcohol or other prescription medication (narcotics) guess what? Your carry permit is not valid. Can't have your cake and eat it too.

[Xiphos]

If you can be high on marijuana and carry then you should be allowed to be drunk and carry.

If you are impaired you should not be driving, or handling firearms.

[MacLean]

Taking a somewhat open look at the article, the subject of the story indicates she does not partake while armed - and rightfully makes a comparison to being drunk while carrying.

She said she doesn't use them when she plans to drive, or carry her gun.
"That's as stupid as mixing alcohol and weapons,"' she said.

[lewisipso]

She said she doesn't use them when she plans to drive, or carry her gun.
"That's as stupid as mixing alcohol and weapons,"' she said.

I may be wrong because it wouldn't be the first time but I do not believe her.

[MacLean]

I may be wrong because it wouldn't be the first time but I do not believe her.

I don't believe her or disbelieve her any more than anyone who says they don't drink when they are armed.

The fact remains if a substance is going to be legal, we can't be depriving people of their civil rights if they use it.

It appears to me it's going to be legal, whatever I happen to think about it.

At this point, it behooves us to add marijuana to the laws that cover being armed or operating a vehicle, and figure out how we are going to test for it.

[lewisipso]

I don't believe her or disbelieve her any more than anyone who says they don't drink when they are armed.

The fact remains if a substance is going to be legal, we can't be depriving people of their civil rights if they use it.

It appears to me it's going to be legal, whatever I happen to think about it.

At this point, it behooves us to add marijuana to the laws that cover being armed or operating a vehicle, and figure out how we are going to test for it.

Agreed. My aforementioned statement was just a cynical opinion.

[pgg]

The problem with marijuana though is that it takes months for THC to leave the body. It stores in fat cells and the body "feeds" off of it until THC is concumed again.

[MacLean]

The problem with marijuana though is that it takes months for THC to leave the body. It stores in fat cells and the body "feeds" off of it until THC is concumed again.

Although the metabolites of THC remain in fat cells, they do not continue to create a "high."

It is the second metabolite of 9-delta-THC that remains in the fat. It's called 11-nor-9-Carboxy-THC.

It is *not* psychoactive.

[ChesCopPodz]

Legal carry when possessing legal marijuana? Ok.

Carrying while high on said marijuana. No no hell no.

[Sam]

Like they'd have the desire to use the gun anyhow. They'd be too laid back and thinking about food. ~

[yooper warden]

The problem comes with testing. Like was said it stays in your system for quite sometime. We do not have a field test like a PBT and must get blood. Then how do we know if the person is currently "high" or if it was from a week ago. You can use their behaviors & dexterity's, but I've arrested plenty of drunks who did pretty well on the dex's and still blew way over the limit. As is every new law it will take time & experience & court cases for us in law enforcement to get it figured out.

We here in Michigan are starting to deal with this. The medical marijuana law was very poorly written and there are many loopholes and problems so far. We're to the point that they should just legalize it anyway, because anyone who wants it can pretty much get a doctors note anyway.

[MacLean]

The problem comes with testing. Like was said it stays in your system for quite sometime. We do not have a field test like a PBT and must get blood. Then how do we know if the person is currently "high" or if it was from a week ago. You can use their behaviors & dexterity's, but I've arrested plenty of drunks who did pretty well on the dex's and still blew way over the limit. As is every new law it will take time & experience & court cases for us in law enforcement to get it figured out.

We here in Michigan are starting to deal with this. The medical marijuana law was very poorly written and there are many loopholes and problems so far. We're to the point that they should just legalize it anyway, because anyone who wants it can pretty much get a doctors note anyway.

Exactly what I was getting at. We need good field FST's and a good test for delta-9-THC.

The present tests only look for the metabolites.

[pgg]

There are FSTs that will show you marijuana usage. We made alot of arrests for people in my old area being under the influence.

[MacLean]

There are FSTs that will show you marijuana usage. We made alot of arrests for people in my old area being under the influence.

In order for you to use them in Washington, you have to be certified as a DRE.

To me, that isn't accessible to the average patrol guy.