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Mmj dispensaries

jackrockblc

Regular Member
Joined
Jul 13, 2014
Messages
256
Location
Jefferson County, CO
To my knowledge, there's no law against carrying in such places. However, think about the fact that federal law still makes it illegal for a marijuana users. Of course, question 11e on form 4473 asks if you are an unlawful user of MJ - and it's legal here. But not according to federal law.
 

hammer6

Regular Member
Joined
Oct 11, 2008
Messages
1,425
Location
Florida
To my knowledge, there's no law against carrying in such places. However, think about the fact that federal law still makes it illegal for a marijuana users. Of course, question 11e on form 4473 asks if you are an unlawful user of MJ - and it's legal here. But not according to federal law.
if it's unlawful federally, why would they specify by inserting that word?
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
8,674
Location
here nc
open letter to FFLs 2011:

As you know, Federal law, 18 U.S.C. S 922(g)(3), prohibits 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 ULS.C. 802))" from shipping, transporting, receiving or possessing firearms or ammunition. Marijuana is listed in the Controlled Substances Act as a Schedule I controlled substance, and there are no exceptions in Federal law for marijuana purportedly used for medicinal purposes, even if such use is sanctioned by State law.

Further, Federal law, 18 U.S.C. ss 922(d)(3), makes it unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person is an unlawful user of or addicted to a controlled substance. As provided by 27 C.F.R. 478. I l, "an inference of current use may be drawn from evidence of a recent use or possession of a controlled substance or a pattern of use or possession that reasonably covers the present time. "

Therefore, any person who uses or is addicted to marijuana, regardless of whether his or her State has passed legislation authorizing marijuana use for medicinal purposes, is an unlawful user of or addicted to a controlled substance, and is prohibited by Federal law from possessing firearms or ammunition. Such persons should answer "yes" to question I l,e. on ATF Form 4473 (August 2008), Firearms Transaction Record, and you may not transfer firearms or ammunition to them. Further, if you are aware that the potential transferee is in possession of a card authorizing the possession and use of marijuana under State law, then you have "reasonable cause to believe" that the person is an unlawful user of a controlled substance. As such, you may not transfer firearms or ammunition to the person, even if the person answered "no" to question I I.e. on ATF Form 4473.

https://www.atf.gov/file/60211/download

new 4473 Oct 2016:
11e. Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?
Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.

ipse
 
Last edited:

Tacitus42

Regular Member
Joined
Apr 24, 2011
Messages
186
Location
Tacoma,Wa
open letter to FFLs 2011:

As you know, Federal law, 18 U.S.C. S 922(g)(3), prohibits 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 ULS.C. 802))" from shipping, transporting, receiving or possessing firearms or ammunition. Marijuana is listed in the Controlled Substances Act as a Schedule I controlled substance, and there are no exceptions in Federal law for marijuana purportedly used for medicinal purposes, even if such use is sanctioned by State law.

Further, Federal law, 18 U.S.C. ss 922(d)(3), makes it unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person is an unlawful user of or addicted to a controlled substance. As provided by 27 C.F.R. 478. I l, "an inference of current use may be drawn from evidence of a recent use or possession of a controlled substance or a pattern of use or possession that reasonably covers the present time. "

Therefore, any person who uses or is addicted to marijuana, regardless of whether his or her State has passed legislation authorizing marijuana use for medicinal purposes, is an unlawful user of or addicted to a controlled substance, and is prohibited by Federal law from possessing firearms or ammunition. Such persons should answer "yes" to question I l,e. on ATF Form 4473 (August 2008), Firearms Transaction Record, and you may not transfer firearms or ammunition to them. Further, if you are aware that the potential transferee is in possession of a card authorizing the possession and use of marijuana under State law, then you have "reasonable cause to believe" that the person is an unlawful user of a controlled substance. As such, you may not transfer firearms or ammunition to the person, even if the person answered "no" to question I I.e. on ATF Form 4473.

https://www.atf.gov/file/60211/download

new 4473 Oct 2016:
11e. Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?
Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.

ipse
Bore

Sent from my SM-N920T using Tapatalk
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
8,674
Location
here nc
Bore

Sent from my SM-N920T using Tapatalk
thank goodness you agree with my response...

might wish to contribute your own commentary tho instead of piggy-backing on my response.

ipse
 
Last edited:

Fox Walker

Newbie
Joined
May 17, 2017
Messages
1
Location
Leadville, CO
It is indeed illegal. We were cautioned against it during the concealed carry course I had to take before entering civilization in Denver.

Incidentally, every single dispensary in town here turns me out when I'm OCing, but with a wink and a nod.

edit: So, to be clear, concealed carry is prohibited as well.
 
Last edited:

solus

Regular Member
Joined
Aug 22, 2013
Messages
8,674
Location
here nc
It is indeed illegal. We were cautioned against it during the concealed carry course I had to take before entering civilization in Denver.

Incidentally, every single dispensary in town here turns me out when I'm OCing, but with a wink and a nod.

edit: So, to be clear, concealed carry is prohibited as well.
welcome to the site...stick around and enjoy the commentary & contribute as you will.

btw...enjoy the late snow fall :eek:

ipse
 
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