handgun and weed
Medical Marijuana Policy

Gun Owner Denied Concealed Permit For Using Legal Marijuana

handgun and weedMarijuana opponents will try everything they can to cling to failed policies. An example of that is occurring right now in Seattle, where a person was denied a Concealed Pistol License (CPL) because she admitted to using marijuana, which is completely legal now throughout Washington State for recreational purposes, and has been for a long time for medical purposes. Per Komo News:

With the denial came a letter for Richland Police Chief Chris Skinner who wrote Floyd was not eligible to receive a CPL because she had an authorization to possess cannabis. Skinner also cited Federal law, 18 U.S.C. 922(g)(3) which prohibits any son who is an “unlawful user of, or addicted to any controlled substance” from shipping, transporting, receiving or possessing firearms or ammunition.

Skinner goes on to write that 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.”  Floyd couldn’t believe it.

This tactic was previously used in my home state of Oregon. Sheriffs in Washington County and Jackson County would receive applications for concealed carry permits and compare them to the registry for the Oregon Medical Marijuana Program (OMMP). If a person was determined to be a member of the OMMP, their permit application was denied. This led to numerous legal challenges.

The case in Washington is different in that Washington does not have a patient registry. The lady that was denied a permit was recognized by staff members, and the staff members demanded to see her patient license. The patient complied because she felt she had nothing to hide. The determination that the applicant was a medical marijuana patient was the sole factor that resulted in the denied application. I hope a lawsuit is soon to follow, and that the medical marijuana patient wins.

  • pierider

    Never register yourself as a patient.

    • wowFAD

      That’s not the issue. The issue is that simply being a cannabis patient should not be used as justification for denying anyone their rights. It doesn’t matter how the Sheriff found out — there is a larger issue. Choosing cannabis shouldn’t disqualify you from any constitutionally protected rights.

      You should be able to live next door to the Sheriff and feel safe and protected under the law. Saying “don’t sign any registry” simply propagates the fiction that cannabis users and providers ARE criminals who deserve to have their rights taken away — “because look at how they’re trying to keep hidden.”

      This registered patient didn’t do anything wrong. The Sheriff did. It’s not the patient’s fault for registering.

      • Jetdoc

        I don’t care what they say… there’s NOTHING in the Constitution that states I LOSE my 2nd Amendment rights or ANY Constitutional right if I use Cannabis. It’s going to change soon Nationally i hope. Here in AZ, we’re an Open carry State and you’re not required to have a CCP in order to Carry Concealed either. They’re however doing the same thing here if you go to purchase a firearm in a store. Most of my gun purchases have been Private Sales though. I just don’t play their game.

        • Steven Nottingham

          Right. Because you’re still not on a NCIC list if you’re a medical patient. I agree with the private purchase thing.. But I see good deals at the store all the time. Makes me mad I can’t buy there sometimes. I’m not prohibited though. And don’t want to raise any eyebrows if I do get run through an Oregon system.

      • Just Visiting

        Once again…the opportunity to take our “rights” only to hang ourselves by doing the next wrong right thing! Funding from us WannaBeeLegals Resttution goes into the Friday Morning SECRET Munchy Donut Fund, with the unused portions being directed to the Oregon Lottery’s New Hemp Scratchits…Scratch 3 Hemp Plants in a row, you win a trial sample of the new THC FREE odorless hemp! Doesn’t this fall categoricly under ANY HEPA LAW? This is just friggin redonculous…Visitor #2…a friend of a future UN-BUDS-MAN…. Saw this and couldn’t help myself to comment…Just another day in The Bountiful USofA…TM in LaGrande…do you think the loop-writer was ‘taken out’ shortly after publication? Good God.

  • wowFAD

    This is an artifact from the days policies were set, specifically, to marginalize an entire group of our citizens. Remember that the “war on drugs” was nothing more than a culture war on Americans. It is, was, and always will be a culture war waged by social conservatives against anyone they think can safely be labeled as criminals, thanks to good old Richard Nixon. If you use cannabis, you’re one of “them” — on the other side of the fence from all the *good* people — so your rights are marginalized without a second thought.

    In my state, Georgia, you can still buy and own a firearm if you were convicted of rape, domestic abuse, assault, etc. (a bunch of violent crimes). Those violent offenders do not lose their 2nd Amendment rights. However, if you were caught with a small bag of cannabis 30 years ago… …no gun for you. They don’t care if you beat your wife or if you are a convicted rapist. But if you were caught imbibing a substance that makes you *less* violent, you’re too much of a risk to society, so no gun for you.

    Consider the list of things cannabis opponents have tried to take away from people:
    1. Housing (don’t lease to cannabis patients)
    2. Driver’s license (cannabis patients can’t be trusted to drive)
    3. Employment (cannabis patients can’t be trusted to work)
    4. Children (cannabis patients can’t be trusted with kids)
    5. FREEDOM (literally — I’m talking about jail)

    You can’t even be an organ donor if you’re a registered medical cannabis patient. There have been sideways justifications for all of this nonsense that no one really believes, anymore. The actual, pragmatic reason for all of this garbage? If you’re not a part of the prescribed “American Dream,” then your life should be made as difficult as possible.

    It chaps my hide that it’s still going on in a place like Oregon. But it’s a lesson learned. When my state DOES get medical cannabis, we can expect similar cases to come up. The “us and them” mentality is pretty strong, down here. We’re trying to replace it with a “us = them” mentality, but it is slow-going. Prejudices are rooted so deeply that some people think these laws are morally justified, by default — no one questions them.

    • Cherokee

      As a fellow georgia lifetime resident with the exception of a year living in humboldt county CA, I enjoy reading your take on things here on weedblog. I encourage anyone living in the land that darwin forgot “GA” to plan an extended visit to CO, or CA and get a taste of “cough” of what real freedom smells and tastes like.

  • Ron

    In my humble opinion nobody should be able to own guns, but I realize I’m fighting a losing battle on that score. However, if anyone is to be denied it should be those on all those prescription meds who are the culprits in the mass shootings that have become epidemic. Marijuana users, in contrast, I suspect generally have a squeaky clean record when it comes to such atrocities.

    • Drew Lunn

      A disarmed population is a “herd of prey”.

      • Ron

        How many times do those psychotics and schizos have to commit mass killings before you lunatics see it as an epidemic that must be dealt with by at least denying guns to those who are certifiably insane? I see there was yet another one a couple of days ago in your favorite state, Texas.

        • Drew Lunn

          If you look to China and the mass knife attacks you will see that disarming people is not an effective way to combat mass violence.

        • Drew Lunn

          By the way, I’m a huge liberal, and wouldn’t likely move to Texas if it were my last option. I support the rights of the lgbt community, and have many friends and family who identify themselves as gay. I support the rights of women to contraception and abortion. I support severe immigration reform, and think that those immigrants who are productive, compliant members of society should be granted IMMEDIATE access to citizenship. I support the full legalization of cannabis. I support a higher minimum wage, fewer working hours, more benefits, as well as vacation and sick time. I could go on down the list of ways that I don’t fit into the box you have attempted to put me in, but I will suffice to say that not all opinions are partisan propaganda. Perhaps you’ll take that to heart next time you intend to pass judgment on another human being.

        • Drew Lunn

          This article isn’t about mass violence by the way. It’s about a person being denied a CPL for being a medical cannabis user. I’m fairly sure this person doesn’t fit your definition of “psychotic.”

  • Smokin Shotgun

    Medical Marijuana users in any state should be allowed to own a firearm and carry as long as they have no violent history and violence related arrest.

    • Drew Lunn

      I agree to an extent. I personally feel that the loss of civil liberties that many if not most felons suffer is wrong, if not completely unconstitutional. I feel that gun rights should not be revoked unless a gun crime has been committed by said offender.

  • WannaBeeLegal

    I couldn’t agee with you more! The biggest danger here is accidently shooting yourself in the foot and bleeding to death as you are rolling on the ground… laughing at quite possibly a ‘Top 10 Most Unlikely Thing to Happen to You’ at TownHalls Yearly Clay Pigeon Stand-Off. Seriously, Folks…Bullets to Bonghits! Toke Responsibly! Your shotgun will freeze up if your THC level is over the Legal Limit!

    • Drew Lunn

      ” Your shotgun will freeze up if your THC level is over the Legal Limit!” That would be an interesting safety measure. Perhaps that idea could be adapted to identify intoxicated shooters and to disarm the weapon automatically. I know, quite far fetched, but hell, we’ve got robotic human organs now.

  • WannaBeeLegal

    I’s just that simple…Aren’t most folks tuned in a little sharper in the noodle? Helluva lot safer than hangin at the local pub for a few…pints…and then heading up to the hills to squeeze a few off? I know I would op to go green…

  • Claudia Kay James

    So in Oregon you can’t have a concealed permit and OMMP card at the same time???????????????????????????????????