Michigan Medical Marijuana Law and Gun Rights

[rjcup3]

I'm looking at purchasing my first gun (have two already, a rifle and a shotgun, that were passed down to me, as shooting and hunting is a tradition in my family) but I'm curious about the legality of owning a handgun while possessing a legal, valid Michigan Medical Marijuana Patient Card. I'm not eligible to get a CPL anyhow (yet) because of a stupid charge I plead to when I was young and dumb, so I'm not concerned about that. I've just been told it's a felony to possess a handgun while possessing marijuana.

Any advice / insight on this would be helpful as it looks like it's a hairy issue when you google it.

If it's going to be an issue, I'm not going to buy a Glock, but I'll buy an AK knock off or a 9mm Carbine or something.

I just want something for personal protection that strikes the fear of God in someone if I ever need to pull it out. I live in Ypsi, I've had a gun in my face more times than I'd care to, which would be zero ideally.

[Yance]

You want something for personal protection get a shotgun with home defense rounds, it will do a lot more work than an AK knock off if you have to use it.

Also http://www.komornlaw.com/

Michael Komorn, I had a buddy email him a while back, he is a the legal rep for the Michigan Medical Marijuana Association. He emailed him back stating that a Medical Marijuana Card would not interfere with any state issued licenses or purchasing or possessing a firearm in the state of Michigan.

DO NOT get found under the influence of your medication while you have a firearm that is easily accessible. lock it up along with your ammo when you use your medication and do not travel with them both.

Like I said email them, I'm not an MM patient so I never looked into it, but email them and see what answers you can get. Its always best to talk to a lawyer when it comes to the law.

[Joeywhat]

I won't comment on state level laws, but do realize that possession of marijuana is a federal offense, regardless of whatever state issued license you may have. Which means on the form 4473 you fill out when buying a gun from a dealer, you may not answer 'NO' for question 12e regarding marijuana use. If you write YES, you will not be permitted to proceed with the sale...if you answer NO you will have committed a felony.

So do what you will, just realize and understand what's in play here.

[Yance]

I won't comment on state level laws, but do realize that possession of marijuana is a federal offense, regardless of whatever state issued license you may have. Which means on the form 4473 you fill out when buying a gun from a dealer, you may not answer 'NO' for question 12e regarding marijuana use. If you write YES, you will not be permitted to proceed with the sale...if you answer NO you will have committed a felony.

So do what you will, just realize and understand what's in play here.

However it asks if you are an illegal user of or addicted to. The Federal Government has stated it would not interfer with state laws and according to the state of Michigan anyone with a MM card is not in violation of laws pertaining to Marijuana.

But I do agree that you should make sure you are fully aware of the possible legal situations you could find yourself in.

[ninjatoth]

I don't see how you are going to be able to even legally buy a gun if you have a charge that prevents you from getting a cpl??I mean,I am not "eligible"for a cpl myself but it's only because I have an anxiety disorder that Michigan recognizes as a "mental illness",but I am still able to buy guns legally.

[JohnS624]

However it asks if you are an illegal user of or addicted to. The Federal Government has stated it would not interfer with state laws and according to the state of Michigan anyone with a MM card is not in violation of laws pertaining to Marijuana.

You are still in violation of federal law. Just because they don't have the resources to prosecute, doesn't mean that it's not illegal. You're confusing "state" and "federal" statutes.

[Joeywhat]

However it asks if you are an illegal user of or addicted to. The Federal Government has stated it would not interfer with state laws and according to the state of Michigan anyone with a MM card is not in violation of laws pertaining to Marijuana.

But I do agree that you should make sure you are fully aware of the possible legal situations you could find yourself in.

Who cares what the federal government says? Unless the laws (federal) have recently changed to add an exception for those with state issued MM cards, it's still illegal. They can SAY whatever they want, but with the law still on the books, you CAN still get busted for it. And we're not talking about a citation or low misdemeanor, these are felonies.

But like I said, do as you will. But do yourself a favor and DO NOT dust off the implications for getting caught and having federal charges brought against you. It's a very real possibility.

[Yance]

Who cares what the federal government says? Unless the laws (federal) have recently changed to add an exception for those with state issued MM cards, it's still illegal. They can SAY whatever they want, but with the law still on the books, you CAN still get busted for it. And we're not talking about a citation or low misdemeanor, these are felonies.

But like I said, do as you will. But do yourself a favor and DO NOT dust off the implications for getting caught and having federal charges brought against you. It's a very real possibility.

I would assume the State Governments...you know, the ones that permitted the OP an MM license...

[Joeywhat]

Do you think the state of Michigan will send some high dollar lawyers your way when the federal government decides to lay down the hammer? And do you think the federal government will give a damn what the state says?

[Yance]

I think the federal government will care what the federal government stated. Its not like they said in a conversation yeah dont worry about it. They made a statement that they would not interfere with state laws pertaining to MM. Obviously because they are allowing states to legalize Marijuana for medical uses. I agree that on a federal level it is still illegal, but at a state level the OP is fine because the federal government has said he is fine. Having a firearm is a sticky situation, hence why I said talk to a lawyer and not yeah dude youre fine get a gat and toke a bowl...