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The Law of Unintended Consequences - Medical Marijuana Meets the Second Amendment

C

craigj532

Kelly Slater status
Nov 9, 2002
9,286
325
83
Honolulu police tell legal marijuana users to turn in their firearms
By Kristen Consillio
November 28, 2017

The Honolulu Police Department has told legal marijuana users who own guns that they must turn in their weapons within 30 days.

In a letter to about 30 medical marijuana card holders on Oahu, the police said “you have 30 days upon receipt of this letter to voluntarily surrender your firearms.”

Police have been sending the letters since at least January.

One letter was signed by Susan Ballard, the new chief of police, and dated Nov. 13.

“Your medical marijuana use disqualifies you from ownership of firearms and ammunition,” the letter said.

In the letter, Ballard cites Hawaii Revised Statutes, Section 134-7 (a) as the reason for the move. That section reads: “No person who is a fugitive from justice or is a person prohibited from possessing firearms or ammunition under federal law shall own, possess, or control any firearm or ammunition therefor.”
 
G

GWS

Duke status
Jan 11, 2002
42,605
21
0
done
Brilliant.

Presumably alcoholics on opiates/benzos and antidepressants are still good to go.

Strong work!

Presumably they will also be seizing their automobiles.
 
C

craigj532

Kelly Slater status
Nov 9, 2002
9,286
325
83
ifallalot said:
I'm surprised this didn't happen in CA
Click to expand...
It will!

Regardless, if you are a medical marijuana user in possession of a firearm, you are in violation of federal law.

18 U.S.C. 922(g)(3)

"It shall be unlawful for any person who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition[.]"

 
manbearpig

manbearpig

Duke status
May 11, 2009
29,926
10,392
113
in the bathroom
Seriously fuck that. That’s a highly valuable crop. Those farmers have every right to protect it.

Not to mention firearms are extremely useful tools for farmers other than protecting their livelihood from humans.
 
K

Kento

Duke status
Jan 11, 2002
68,910
21,281
113
The Bar
GWS said:
Brilliant.

Presumably alcoholics on opiates/benzos and antidepressants are still good to go.

Strong work!

Presumably they will also be seizing their automobiles.
Click to expand...
Seriously. How in the hell do they justify anyone with a Xanax prescription or stronger to own guns then?
 
C

craigj532

Kelly Slater status
Nov 9, 2002
9,286
325
83
manbearpig said:
Seriously fuck that. That’s a highly valuable crop. Those farmers have every right to protect it.

Not to mention firearms are extremely useful tools for farmers other than protecting their livelihood from humans.
Click to expand...
If that's the case, you're possessing in furtherance of a drug trafficking crime, which means you're even more screwed - mandatory minimum 5 years consecutive to any other count for which you are convicted.
 
T

the janitor

Tom Curren status
Mar 28, 2003
12,340
1,737
113
north of the bridge
IANAL, but..... this seems lacking in due process. It sounds like the HPD are stating that possession of a medical marijuana card is the same thing as being convicted of marijuana possession and/or use. Which it isn't, so I'm thinking this would get shot down in court pretty easily :shrug:
 
GromsDad

GromsDad

Duke status
Jan 21, 2014
54,632
16,498
113
West of the Atlantic. East of the ICW.
the janitor said:
IANAL, but..... this seems lacking in due process. It sounds like the HPD are stating that possession of a medical marijuana card is the same thing as being convicted of marijuana possession and/or use. Which it isn't, so I'm thinking this would get shot down in court pretty easily :shrug:
Click to expand...
It is an open admission of being in violation of federal law.

Curious, are purchases tracked? Do they ave to purchase from a government dispensary?
 
FecalFace

FecalFace

Duke status
Nov 21, 2008
42,338
2,105
113
The Californias
craigj532 said:
manbearpig said:
Seriously fuck that. That’s a highly valuable crop. Those farmers have every right to protect it.

Not to mention firearms are extremely useful tools for farmers other than protecting their livelihood from humans.
Click to expand...
If that's the case, you're possessing in furtherance of a drug trafficking crime, which means you're even more screwed - mandatory minimum 5 years consecutive to any other count for which you are convicted.
Click to expand...

:applause2:


#MAGA #UHURU
 
ElOgro

ElOgro

Duke status
Dec 3, 2010
32,102
12,083
113
Catch 22. Somewhere Yosarian is laughing.

I've always thought the medical card deal was bullshit. I was disappointed that Obama didn't figure out a way to fix this on the federal level.

Why this continues to be a legal can of worms is beyond me.

Lawyers are gonna make bank.

Pitbull ownership is next.
 
K

Kento

Duke status
Jan 11, 2002
68,910
21,281
113
The Bar
ElOgro said:
Catch 22. Somewhere Yosarian is laughing.

I've always thought the medical card deal was bullshit. I was disappointed that Obama didn't figure out a way to fix this on the federal level.

Why this continues to be a legal can of worms is beyond me.

Lawyers are gonna make bank.

Pitbull ownership is next.
Click to expand...
If you have a medical card, why doesn't insurance cover any weed purchases from a dispensary? I can see a copay upon entry and then anything you buy counting towards your deductible.

Then again, you get the insurance companies involved and you'll be buying ounces for $7,000, something only Kevin Spacey (American Beauty) is foolish enough to do.
 
studog

studog

Duke status
Jan 15, 2003
35,863
637
113
CA
ElOgro said:
Catch 22. Somewhere Yosarian is laughing.

I've always thought the medical card deal was bullshit. I was disappointed that Obama didn't figure out a way to fix this on the federal level.

Why this continues to be a legal can of worms is beyond me.

Lawyers are gonna make bank.

Pitbull ownership is next.
Click to expand...
the medical card is total BS. go see some hack doctor. think it was $50? or maybe $20-ish for the visit. fake some pain. get a "prescription" for a year. it's completely a scam.

the legal side coming up is a bureaucratic mess right now, especially in LA. the city ain't ready for it according to some investors/merchants on KCRW a couple days ago. Lots of red tape. They were saying probably 1/2 the people rushing in right now will not be in business come next year.
 
T

the janitor

Tom Curren status
Mar 28, 2003
12,340
1,737
113
north of the bridge
GromsDad said:
the janitor said:
IANAL, but..... this seems lacking in due process. It sounds like the HPD are stating that possession of a medical marijuana card is the same thing as being convicted of marijuana possession and/or use. Which it isn't, so I'm thinking this would get shot down in court pretty easily :shrug:
Click to expand...
It is an open admission of being in violation of federal law.

Curious, are purchases tracked? Do they ave to purchase from a government dispensary?
Click to expand...
It isn't an admission of anything. Maybe a prosecutor could stretch and try to show that possession of a medical card shows intent to possess a controlled substance in the future. But I'm thinking in order to rescind your 2A rights, that prosecutor would have to get a conviction on the books first.

Purchases are probably tracked to varying degrees by the dispensary. Gov't would need a court order to get those records though. I've never heard of a gov't dispensary. Oh wait, the VA!
 
studog

studog

Duke status
Jan 15, 2003
35,863
637
113
CA
the janitor said:
GromsDad said:
the janitor said:
IANAL, but..... this seems lacking in due process. It sounds like the HPD are stating that possession of a medical marijuana card is the same thing as being convicted of marijuana possession and/or use. Which it isn't, so I'm thinking this would get shot down in court pretty easily :shrug:
Click to expand...
It is an open admission of being in violation of federal law.

Curious, are purchases tracked? Do they ave to purchase from a government dispensary?
Click to expand...
It isn't an admission of anything. Maybe a prosecutor could stretch and try to show that possession of a medical card shows intent to possess a controlled substance in the future. But I'm thinking in order to rescind your 2A rights, that prosecutor would have to get a conviction on the books first.

Purchases are probably tracked to varying degrees by the dispensary. Gov't would need a court order to get those records though. I've never heard of a gov't dispensary. Oh wait, the VA!
Click to expand...
currently with "prescription" system your name/info is logged per each visit. sales aren't. dispensaries can only take cash. I believe they have to work with certain banks too due to federal banking insurance and weed still being illegal on a federal level.
 
K

Kento

Duke status
Jan 11, 2002
68,910
21,281
113
The Bar
stu dog said:
the janitor said:
GromsDad said:
the janitor said:
IANAL, but..... this seems lacking in due process. It sounds like the HPD are stating that possession of a medical marijuana card is the same thing as being convicted of marijuana possession and/or use. Which it isn't, so I'm thinking this would get shot down in court pretty easily :shrug:
Click to expand...
It is an open admission of being in violation of federal law.

Curious, are purchases tracked? Do they ave to purchase from a government dispensary?
Click to expand...
It isn't an admission of anything. Maybe a prosecutor could stretch and try to show that possession of a medical card shows intent to possess a controlled substance in the future. But I'm thinking in order to rescind your 2A rights, that prosecutor would have to get a conviction on the books first.

Purchases are probably tracked to varying degrees by the dispensary. Gov't would need a court order to get those records though. I've never heard of a gov't dispensary. Oh wait, the VA!
Click to expand...
currently with "prescription" system your name/info is logged per each visit. sales aren't. dispensaries can only take cash. I believe they have to work with certain banks too due to federal banking insurance and weed still being illegal on a federal level.
Click to expand...
The one I go to takes credit cards. :shrug:

The same one also makes you sign a contract that you won't go to any other dispensary. That gave me a chuckle. Like they would know. :roflmao:
 
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