Can A Mmj Card Holders Spouse Own A Firearm?

[420Lincoln]

If they're a patient or a caregiver does it matter if the spouse legally owns a firearm? Or do they have to give up the right to bear arms as well?

 

I'm about to apply for my card but there are so many rules!

[Kingdiamond]

• We have seen a lot of firearms found in houses containing grows resulting in felony firearm charges if they find some type of rule violation that they can charge you criminally with also the feds really don't want patients to possess firearms in anyway they  say that anyone addicted to an illegal drug cannot possess firearms cannabis is still illegal at the federal level (for now) so its pretty much a crap shoot what would happen be careful.

[BirdHunter]

They at least should be stored in a way to eliminate constructive possession. Like a gun safe only the non patient spouse can access with a thumb print.

[Wild Bill]

 

•  the feds really don't want patients to possess firearms in anyway

 

I don't think they want anyone to possess firearms except the police and military just like in the old Soviet Union, comrade.

[Kingdiamond]

I don't think they want anyone to possess firearms except the police and military just like in the old Soviet Union, comrade.

Exactly .

[hpxguy]

A MMMP patient is not prohibited from possessing a firearm.  There are exceptions, such as a Court Order of Probation, a Court imposed bond condition, or being a convicted felon.  Michigan Compiled Law (MCL) applies for convicted felons:  750.224f - Possession of firearm by person convicted of felony; circumstances; penalty; applicability of section to expunged or set aside conviction; “felony” and “specified felony” defined...

[Kingdiamond]

A MMMP patient is not prohibited from possessing a firearm.  There are exceptions, such as a Court Order of Probation, a Court imposed bond condition, or being a convicted felon.  Michigan Compiled Law (MCL) applies for convicted felons:  750.224f - Possession of firearm by person convicted of felony; circumstances; penalty; applicability of section to expunged or set aside conviction; “felony” and “specified felony” defined...

Better look at the federal side of this via the ATF website says

 

"Anyone using or addicted to an illegal drug cannot posses any firearm"

 

 

 

Cannabis medical or not is still seen as illegal on the federal level.

 

http://stopthedrugwar.org/chronicle/2011/sep/28/atf_says_no_guns_medical_marijua

 

The memo was authored by Arthur Herbert, Assistant Director for Enforcement Programs and Services for the Bureau of Alcohol, Tobacco & Firearms (ATF). Herbert said he wrote the memo after receiving "a number of inquiries about the use of marijuana for medical purposes, and its applicability to federal firearms laws."

Herbert cited the section of the federal criminal code that prohibits anyone who is "an unlawful user of or addicted to any controlled substance" from possessing firearms. He reminded firearms dealers that they cannot legally sell guns to people they have reasonable cause to believe are illegal drug users or addicts and wrote that anyone presenting a medical marijuana registration card is providing reasonable cause for the dealer to believe they are illegal drug users or addicts.

 

As for the spouse side of this argument most of the houses ive seen raided both the grower and the non patient spouse are charged if there is a violation of the MMMA  of 2009 thus a felony firearm charge is filed by police.

[hpxguy]

The 10th Amendment applies as it does not involve interstate commerce.  It requires an Act from Congress and not some executive memorandum to negate a U.S. Constitutional right.

[bobandtorey]

The 10th Amendment applies as it does not involve interstate commerce.  It requires an Act from Congress and not some executive memorandum to negate a U.S. Constitutional right.

OK then be my guest and it may or may not work out but make sure you have a boat full of $$$ for your Lawyer but then again you could get lucky 

[hpxguy]

It is amazing how many people willingly waive their U.S. Constitutional rights without any objection.   The only place I see this restriction is if you apply for a CCW permit.

Edited September 25, 2013 by hpxguy

[Kingdiamond]

It is amazing how many people willingly waive their U.S. Constitutional rights without any objection.   The only place I see this restriction is if you apply for a CCW permit.

Seriously ?

 

Do you honestly think I approve of this garbage get real man its the feds the same people that can destroy your life with the stroke of a pen you want to complain complain to the real people who deserve it not the ones who know how to read a ATF memo.

[hpxguy]

Regarding weapons, the only restriction I see for Michigan is the Carrying a Concealed Weapon (CCW) permit per state law.   I don't run on the edge of the law, so the ATF would never be involved and I will not get paranoid over speculation.

[Kingdiamond]

Trust me it has nothing to do if you break the law if one cop decides to be a jerk a simple phone call to the Detroit office of the ATF is all it takes to destroy your life I know it has already happened more than once here in the state .

 

Good luck and be safe .

[pic book]

See Duval, Jerry. 10 years Federal, 5 for firearms, August 2013, Detroit.

[Kingdiamond]

See Duval, Jerry. 10 years Federal, 5 for firearms, August 2013, Detroit.

And he actually had a Monroe county sheriff come out and inspect the greenhouses and gave him  the green light to continue growing until the DEA out of Toledo came and raided his farm via a tip from someone inside of MANTIS  I'm assuming they knew there was little a state law enforcement agency could do but the feds can ruin your life for next to nothing because everything is against the law to them regarding medical cannabis .

[hpxguy]

I read the article on Jerry Duval.  It stated, "The jury even saw defendants’ drug ledger showing defendants had sold about $300,000 worth of marijuana to non-patients in the months before the search warrant. A federal jury rejected their ruse and convicted both defendants of four counts of violating federal narcotics laws."  I have read many police reports and I will assure you that many times what the defendant claims is not the true picture of the facts.  It appears that these were not about just helping the patients, but a matter of greed.

[Celliach]

The 10th Amendment applies as it does not involve interstate commerce.  It requires an Act from Congress and not some executive memorandum to negate a U.S. Constitutional right.

 

I'm not sure you understand the 10th Amendment.  It would cover this if there weren't already federal laws in place.  However there are federal laws.  The Controlled Substance Act for one.

[hpxguy]

I'm not sure you understand the 10th Amendment.  It would cover this if there weren't already federal laws in place.  However there are federal laws.  The Controlled Substance Act for one.

The federal  Controlled Substance Act is to regulate interstate commerce.  MMA is under intrastate commerce law.  For example, it required an U.S. Constitutional Amendment to outlaw alcoholic beverage for all states.   There was not a U.S. Constitutional Amendment prohibiting marijuana.  

Edited September 25, 2013 by hpxguy

[Celliach]

The 10th Amendment in full:

 

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

 

As you can see, there is nothing in there about interstate commerce.

[hpxguy]

U.S. Constitution, Article 1, Section 8: "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;"

[Celliach]

That applies to the 10th amendment, yes, but it isn't the only thing the 10th amendment covers, nor is it the only things that applies to the 10th.. 

[CedarSpringsCG]

hpxguy, I agree with you what is right, but not many of us can withstand the rigors of taking it to the supreme court.  In one case, on here, the person won their case and had all of their plants, and GUN returned to them by the police, here in michigan.

 

And it was a hand gun.  I don't recall the case, but it was a woman, about 1.5 years ago.

 

That's what was right, but there are 10 cases of wrong for every one that is right.  And I haven't seen too many pro-bono Supreme court cases.

[hpxguy]

hpxguy, I agree with you what is right, but not many of us can withstand the rigors of taking it to the supreme court.  In one case, on here, the person won their case and had all of their plants, and GUN returned to them by the police, here in michigan.

 

And it was a hand gun.  I don't recall the case, but it was a woman, about 1.5 years ago.

 

That's what was right, but there are 10 cases of wrong for every one that is right.  And I haven't seen too many pro-bono Supreme court cases.

I am not sure where you are getting your stats from.   Most of the defendants plead guilty or nolo contendere.  Once they plead, it knocks out the claim they were wronged.   Some of them whine after the fact, but it was still their choice to plead.   All defendants have a right to a judge/jury trial.   I can't imagine pleading guilty about something I didn't do.

[Kingdiamond]

I read the article on Jerry Duval.  It stated, "The jury even saw defendants’ drug ledger showing defendants had sold about $300,000 worth of marijuana to non-patients in the months before the search warrant. A federal jury rejected their ruse and convicted both defendants of four counts of violating federal narcotics laws."  I have read many police reports and I will assure you that many times what the defendant claims is not the true picture of the facts.  It appears that these were not about just helping the patients, but a matter of greed.

Yes he did keep a ledger learn your facts this was prior to patient to patient transfers being outlawed everyone was selling to other patients at that point in time go ahead get your gun scream from the mountains how your going to stand up for your rights and we will be here to offer you legal advice if you get hit with a felony firearm charge which I believe with your know it all attitude looks to be a lock .

[hpxguy]

Yes he did keep a ledger learn your facts this was prior to patient to patient transfers being outlawed everyone was selling to other patients at that point in time go ahead get your gun scream from the mountains how your going to stand up for your rights and we will be here to offer you legal advice if you get hit with a felony firearm charge which I believe with your know it all attitude looks to be a lock .

You lost me with the run-on sentence.