I was speaking at a CLE cannabis conference and an interesting issue came up. This may have been posted already. Many states are legalizing Medical marijuana, but it is still a schedule 1 drug. So if you are inclined to start using medical marijuana, buy your guns first.

https://cdn.ca9.uscourts.gov/d...6/08/31/14-15700.pdf

Yeah that's a question on the 4473. You are an "illegal user" of marijuana even if your state has legalized it for medicinal or recreational use.

I have heard that getting your red card here in CO puts you in the NIC list and you are on it for 2 years after your red card is terminated.

quote:

Originally posted by ScorpionBoy:
I have heard that getting your red card here in CO puts you in the NIC list and you are on it for 2 years after your red card is terminated.

I’m not sure what “the NIC list” is, but according to one Colorado newspaper article I found with a quick search, the Colorado Bureau of Investigation (CBI) does not have access to the medical marijuana registry for firearms Instacheck purposes.

That said, does buying a gun first and then using marijuana give one a free pass? (Without checking) I was under the impression that using made possession of a firearm illegal.

quote:

Originally posted by sigfreund:

quote:

Originally posted by ScorpionBoy:
I have heard that getting your red card here in CO puts you in the NIC list and you are on it for 2 years after your red card is terminated.

I’m not sure what “the NIC list” is, but according to one Colorado newspaper article I found with a quick search, the Colorado Bureau of Investigation does not have access to the medical marijuana registry for firearms Instacheck purposes.

I thought CBI checked some national database. I really don't know how it works with the red card since I don't have one. It was just something I heard.

I did a little research.

According to this use of marijuana makes possession—and not just purchase—of a firearm illegal.

“18 U.S.C. § 922(g)(3) … makes it unlawful for a person to possess a firearm ‘who is an unlawful user of or addicted to any controlled substance.’”

The firearms Instacheck system does check the National Crime Information Center (NCIC) database, but I’m not aware that that includes checking the medical marijuana registry; to reiterate, according to the article I found CBI does not do that. When I was doing NCIC and CBI checks regularly several years ago, I never saw a result that referenced the registry.

quote:

Originally posted by Southflorida-law:
So if you are inclined to start using medical marijuana, buy your guns first.

Or, you could just lie...on a form. I doubt the jack-booted thugs will be doing a no-knock warrant on you.

I don't favor legalization, but I do recognize that CBD has some therapeutic effect. Were I in those shoes, I would do just that. Lie.

Although I read one article extolling the advantages of a medical marijuana permit over just walking in and buying it from a “recreational” sales place, I cannot but imagine that any gun owner with an ounce of sense (not to mention weed) would do that. Why worry about the limits of checks and lists when it’s not necessary at all in states where it’s been legalized?