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General CCW Discussion / Re: Medical Marijuana and CCW
« Last post by SturmRugerSR9 on October 15, 2019, 11:07:00 PM »Hell, go to the "horses mouth". Call the Attorney Generals Office. They would be the ones that prosecute these matters.
Delaware Concealed Carry Forum
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General CCW Discussion / Re: Maryland permit
« Last post by Wayne15464 on October 15, 2019, 02:33:50 PM »I'm glad to hear things are going alright, so far.
I certainly hope things work out in your favor, but I'd be lying if I said I still don't believe they will grant you it, but I do hope they do.
Best of luck to you and please continue to keep us informed.
I certainly hope things work out in your favor, but I'd be lying if I said I still don't believe they will grant you it, but I do hope they do.
Best of luck to you and please continue to keep us informed.
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General CCW Discussion / Re: Medical Marijuana and CCW
« Last post by Hawkeye on October 15, 2019, 12:47:19 PM »Let me start out by saying that I do not partake in marijuana, medical or otherwise, and that this line of questions was completely hypothetical.
It seems this question has no answer. I went to the source and asked the Director, Office of Medical Marijuana, Delaware Department of Health and Social Services. This is his response.
Yep, pretty much what oldgraygeek said. At least now I know that there is no answer.
It seems this question has no answer. I went to the source and asked the Director, Office of Medical Marijuana, Delaware Department of Health and Social Services. This is his response.
Quote
Anything as important as your 2nd Amendment rights should be discussed with a lawyer. I will say if you purchase a firearm, you must fill out the ATF Form 4473. Question 11E says:
e. 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.
Yep, pretty much what oldgraygeek said. At least now I know that there is no answer.
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General CCW Discussion / Re: Medical Marijuana and CCW
« Last post by Clarence on October 13, 2019, 04:27:46 AM »There is now a question on the Form 4473 that asks:QuoteAre 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.
So, if you have a medical marijuana card, and you tell the truth on your form 4473, you should expect to be denied.
(None of us on this forum, of course, would ever lie on a Form 4473).
Also, I am informed by my attorney that possession of both any illegal drug and a firearm is still a felony in Delaware, with or without a CCDW permit and/or a medical marijuana card.
This gets me a whole lot closer to what I am looking for but it does not answer what happens to the guns a person already has.
What happens if you are caught in possession of illegal drugs is you will be sent to federal prison and as to what happens to your guns: They will be forfeited to the government and destroyed.
Now with marijuana being de facto legal in many states, you may make the case that you are not an unlawful user and get a jury to buy into that. I personally do not wish to use mind altering drugs, legal or illegal. I also do not wish to be a test case.
Best thing would be not use either recreational or medical marijuana until the laws catch up with reality. But carrying a firearm under the influence of any mind altering drug is to me a poor choice.
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General CCW Discussion / Re: Medical Marijuana and CCW
« Last post by Hawkeye on October 13, 2019, 02:23:16 AM »There is now a question on the Form 4473 that asks:QuoteAre 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.
So, if you have a medical marijuana card, and you tell the truth on your form 4473, you should expect to be denied.
(None of us on this forum, of course, would ever lie on a Form 4473).
Also, I am informed by my attorney that possession of both any illegal drug and a firearm is still a felony in Delaware, with or without a CCDW permit and/or a medical marijuana card.
This gets me a whole lot closer to what I am looking for but it does not answer what happens to the guns a person already has.
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General CCW Discussion / Re: Medical Marijuana and CCW
« Last post by oldgraygeek on October 13, 2019, 02:08:22 AM »There is now a question on the Form 4473 that asks:
So, if you have a medical marijuana card, and you tell the truth on your form 4473, you should expect to be denied.
(None of us on this forum, of course, would ever lie on a Form 4473).
Also, I am informed by my attorney that possession of both any illegal drug and a firearm is still a felony in Delaware, with or without a CCDW permit and/or a medical marijuana card.
Quote
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.
So, if you have a medical marijuana card, and you tell the truth on your form 4473, you should expect to be denied.
(None of us on this forum, of course, would ever lie on a Form 4473).
Also, I am informed by my attorney that possession of both any illegal drug and a firearm is still a felony in Delaware, with or without a CCDW permit and/or a medical marijuana card.
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General CCW Discussion / Re: Medical Marijuana and CCW
« Last post by SturmRugerSR9 on October 12, 2019, 05:47:02 PM »A DUI is still a DUI whether it is from drugs, booze or Marijuana. It is still, by law, driving under the influence.
I personally feel people prescribed medical marijuana should not be able to drive. Doctors that prescribe medical marijuana should by law have to report it to the state police of DMV.
I personally feel people prescribed medical marijuana should not be able to drive. Doctors that prescribe medical marijuana should by law have to report it to the state police of DMV.
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General CCW Discussion / Re: Medical Marijuana and CCW
« Last post by del elec on October 12, 2019, 11:31:18 AM »I think the problem is that no matter what the states do, Marijuana is still an illegal substance on the federal level.
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General CCW Discussion / Re: Medical Marijuana and CCW
« Last post by Just Bill on October 12, 2019, 11:27:35 AM »As I understand it, any substance that inhibits, and a firearm, are not allowed.
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General CCW Discussion / Medical Marijuana and CCW
« Last post by Hawkeye on October 11, 2019, 06:17:36 PM »Does anyone have a good understanding of what happens to a person who has a CCW, or any gun owner for that matter, and then is prescribed medical marijuana? I have heard a variety of things but much of what I heard is far from reliable.