image
SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
To subscribe to Capitol Fax, click here.
Your medical pot or your gun

Wednesday, Jan 22, 2014

* I really don’t like this idea

Patients who want to qualify for medical marijuana in Illinois would have to be fingerprinted for a background check and pay $150 a year — and give up their right to own a gun, state officials proposed Tuesday. […]

One new proposal states that a qualifying patient or caregiver may not possess a firearm, even if they have a state firearm owner’s identification card or concealed carry permit, and violators may be subject to sanctions by state police.

* I mean, I see the reason why, but I still don’t like it…

Todd Vandermyde, lobbyist for the National Rifle Association, said the NRA takes no position on the issue but that the rule seems to be an attempt to interpret federal law. A U.S. Department of Justice firearm application form asks if the buyer is “an unlawful user” of marijuana or other controlled substances.

Illinois regulations make clear that pot possession is still prohibited by federal law, and the state denies liability for damages arising from the program, including federal prosecution.

Ugh.

- Posted by Rich Miller        


38 Comments
  1. - 47th Ward - Wednesday, Jan 22, 14 @ 2:55 pm:

    Lease the gun. Take the “special” brownies.


  2. - John Boch - Wednesday, Jan 22, 14 @ 3:01 pm:

    Washington State and California are two states that have wrestled with his for the last year or two.

    I’m not sure how it’s all settled out, but I believe in those states, folks have a choice: Their right to own a gun or the marijuana card.

    For people with legitimate medical conditions that can benefit from “herbal” relief as opposed to narcotics, this is a very bad choice to face.

    John


  3. - Roamin' Numeral - Wednesday, Jan 22, 14 @ 3:03 pm:

    Docs can prescribe stuff way more potent than pot. Should patients using these medications be subjected to the same rules? Should users of alcohol be subjected to the same rules?


  4. - countyline - Wednesday, Jan 22, 14 @ 3:06 pm:

    So someone with a medical condition that qualifies for mm isn’t allowed to protect themselves ?


  5. - wordslinger - Wednesday, Jan 22, 14 @ 3:07 pm:

    You can go to Walgreens and pick up a bottle of Jack Daniels while you wait to fill your Oxy prescription and keep your FOID.

    But you’re a lunatic who has to give up gun rights because you want to smoke a little weed to take the edge off the chemo? It makes no sense.

    Illinois’ backwardness of marijuana truly surprises me. We can pass gay marriage, end the death penalty, but reefer madness rules? It’s crazy.


  6. - OneMan - Wednesday, Jan 22, 14 @ 3:11 pm:

    Roamin’ Numeral

    Therin lies the problem…


  7. - chad - Wednesday, Jan 22, 14 @ 3:12 pm:

    Off topic, but Illinois Review is reporting that Lou Lang has sent the State Board of Elections a letter asking for an investigation on the payroll situation, you know, the $558,278.53 of secret payments to secret people.


  8. - 47th Ward - Wednesday, Jan 22, 14 @ 3:14 pm:

    Oof. Leave the gun. Dang auto correct.


  9. - D.P.Gumby - Wednesday, Jan 22, 14 @ 3:20 pm:

    But if’n I ain’t got my gun, how am I gonna protect my medicinal stash?


  10. - Chavez-respecting Obamist - Wednesday, Jan 22, 14 @ 3:20 pm:

    I’d rather deal with an armed stoner than an armed drunk.


  11. - OneMan - Wednesday, Jan 22, 14 @ 3:21 pm:

    ==I’d rather deal with an armed stoner than an armed drunk.==

    True, when I was working security in college those who were stoned were much easier to deal with than drunks.


  12. - Chavez-respecting Obamist - Wednesday, Jan 22, 14 @ 3:25 pm:

    I learned that in college too OneMan. Sitting at the desk, checking IDs at 3 AM.


  13. - Formerly Known As... - Wednesday, Jan 22, 14 @ 3:28 pm:

    On the surface, this appears to be terribly flawed logic.

    If the state has decided medical marijuana is a medicine, then it is a medicine.

    Are there any other medicines which disqualify one from owning a firearm?

    And isn’t a medical marijuana database sort of like the gun owners database so many were recently up in arms about?


  14. - downstate commissioner - Wednesday, Jan 22, 14 @ 3:29 pm:

    DON’T see the reason..It isn’t illegal to purchase alcohol or other prescription drugs and own a gun, why should it be illegal to purchase medical marijuana? Reefer madness??
    My question is this: my wife might qualify for med. weed; she does not have a foid card, or own a gun; the guns in our house belong to me, and I have a foid card. How does this factor into the marijuana prescription?
    This is just another end run around gun ownership and concealed carry by the anti-gunners… and people wonder why the ISRA gets so excited…


  15. - dupage dan - Wednesday, Jan 22, 14 @ 3:29 pm:

    It’s easier to deal with an armed stoner cause they probably forget to bring the gun.

    Hard to see a way around this - until the fed gov’t takes this up anyway.


  16. - Kevin Highland - Wednesday, Jan 22, 14 @ 3:37 pm:

    @downstate commissioner
    Do the firearms belong to you or “you and your wife”. Community property & all.

    I agree with you though.


  17. - Just The Way It Is One - Wednesday, Jan 22, 14 @ 3:42 pm:

    These poor suffering folks would have to pay and give up WHAT? Are they kidding me?! Excuse me, but what about that apparently highly inconvenient FACT of LIFE around these parts known as the 2nd AMENDment? Sheez, ya just knew somehow that opponents to this compassionate, beneficial law would secretly find SOME way to bog its’ full implementation down further by gumming up the works with stuff like this so that it all ends up in the Courts again. But fear not, those of you who really NEED that marijuana for medicinal purposes–such dilatory tactics will be overcome and the extra fees + gun removal issue will get resolved before long.

    You knew this was coming somehow. God bless you in your suffering and just try to hold on with a little more patience so that this latest round of litigious nonsense gets worked out…!


  18. - Demoralized - Wednesday, Jan 22, 14 @ 3:50 pm:

    ==This is just another end run around gun ownership and concealed carry by the anti-gunners==

    Oh please. Federal law on marijuana is the issue here, not some conspiracy to keep people from carrying firearms.

    ==Excuse me, but what about that apparently highly inconvenient FACT of LIFE around these parts known as the 2nd AMENDment?==

    Gun debates give me a headache. For the one millionth time, regulations on gun ownership is allowed and I’m betting there isn’t one judge who would say that restrictions based on drugs is a violation of anybody’s rights. That said, I don’t think medical marijuana should prevent somebody from owning a gun but the entire situation is the result of the federal government’s backwards policy regarding marijuana.


  19. - Todd - Wednesday, Jan 22, 14 @ 3:51 pm:

    Federal law asks if you are an unlawful user of a controlled substance – they still consider marijuana a controlled illegal substance.

    Now Illinois has “legalized” it for some people. So there now becomes a conflict between three state laws. FOID/FCCL & MM law and the federal law on owning/possessing/carrying a gun.

    I think the real problem is those care givers who have the card to transport, but not use and they lose their rights. They are put into the position of choosing a job or their rights.

    In Oregon, the State Police did something similar. And revoked carry permits. It went to court and the State Supreme Court found in favor of the people with the MM cards and told the State Police their job was to implement the law not interpret it. If my memory serves me correctly.

    The feds still view it as illegal no matter what. And now it appears the State Police are going to take the same view.


  20. - MrJM - Wednesday, Jan 22, 14 @ 4:03 pm:

    You can have my medical marijuana when you pry it from my cold, dead… what were we talking about, man?

    – MrJM


  21. - Amalia - Wednesday, Jan 22, 14 @ 4:11 pm:

    it’s ridiculous. but it is kind of amusing to wait and watch if the ISRA/NRA file a lawsuit!


  22. - Libertyville's finest - Wednesday, Jan 22, 14 @ 4:17 pm:

    What is the reason , as you see it, Rich?


  23. - 332bill - Wednesday, Jan 22, 14 @ 4:21 pm:

    HR 3483 has been introduced in the U.S. House to exempt “legal” marijuana from the federal gun ban.


  24. - Gator - Wednesday, Jan 22, 14 @ 4:21 pm:

    That’s why I love Todd…he gives it to you straight, man.

    I highly doubt that somebody who is stoned is rushing out to shoot people. Buy munchies, yes. Shoot people, no. As many others have commented, alcohol and drunk people are much more dangerous.

    I bartended for almost 15 years and have seen nice people do weird stuff when they got drunk….beating up their friends/spouses, falling asleep in their cars in below zero weather, boxing with security/DJs/photographers/cops/the father of the bride, and causing destruction of property for no reason.

    I even had a drunk bride flash me her chest at her wedding because she had no money to tip me for my exemplary bartending services.

    I’d rather face a stoner over a drunk any day. There is a saying in the old country, “the crazy person saw the drunk person approaching and he (the crazy person) took off running”, meaning that everybody should be afraid of the drunk person!!!


  25. - PoolGuy - Wednesday, Jan 22, 14 @ 4:29 pm:

    it’s amazing how so many people are still so afraid of pot. but alcohol and cigs are legal, so they’re so much safer. wow. old people.


  26. - 332bill - Wednesday, Jan 22, 14 @ 4:37 pm:

    “Marijuana is the flame, heroin is the fuse, LSD is the bomb. So don’t you try to equate liquor to marijuana, Mister, not with me.” (Sgt. Joe Friday)


  27. - PoolGuy - Wednesday, Jan 22, 14 @ 4:43 pm:

    yes that’s exactly where people’s mentalities are stuck in regards to weed, in the 1950’s with fictional goofs like Joe Friday.


  28. - In_The_Middle - Wednesday, Jan 22, 14 @ 5:06 pm:

    If you are in pain you need a prescription to be in possession of narcotics and still own a gun. But if you have them on you without a prescription then you get arrested. You can get a prescription for cannibus for pain but you can’t own a gun?


  29. - Chavez-respecting Obamist - Wednesday, Jan 22, 14 @ 5:37 pm:

    This was the best Dragnet episode ever: http://www.imdb.com/title/tt0565659/plotsummary?ref_=tt_ov_pl


  30. - plutocrat03 - Wednesday, Jan 22, 14 @ 6:02 pm:

    nut cases on parade.

    So who are these ‘high’ minded officials?


  31. - Carl Nyberg - Wednesday, Jan 22, 14 @ 6:25 pm:

    So, the NRA will be OK with imposing no firearms for people convicted of alcohol related offenses in the last three years, right?


  32. - SandyC - Wednesday, Jan 22, 14 @ 7:50 pm:

    Caretaker here of Jim. Both of us have a FOID card. I am not pleased at all that a caretaker must surrender their rights because they are eh eloping sick people feel better. I will continue to address this and hope he NRA who holds no position will back those of us who do not use cannabis.

    I have voiced my concerns and suggestions to the Governors office. Tell me I can’t CC and I might be more willing to accept. I don’t get how Ican drink pop ppills and no one cares. But let me help a sick person, a loved one.. And I am to surrender my FOID? I do not use cannabis, do not want to use cannabis And have no plans to use. Hardly seems justified to the caretakers.


  33. - SandyC - Wednesday, Jan 22, 14 @ 7:52 pm:

    Please pardon the typos…


  34. - SandyC - Wednesday, Jan 22, 14 @ 7:59 pm:

    If it’s proven by federal law we can’t have the cards well have no choice but to surrender. However, if a precedence has been set by another state by the Supreme Court, we may have good reason to remain patient and see how this pans out in Illinois. I’m not giving anything up just yet.


  35. - Todd - Wednesday, Jan 22, 14 @ 11:20 pm:

    Sandy — we are taking a hard look at the caregivers that is the most unfair of the rule.

    give it a bit of time. . . .


  36. - FormerParatrooper - Thursday, Jan 23, 14 @ 6:55 am:

    I heard someone say a long time ago if the pot guys and gun guys teamed up, they would be a major force. Personally I feel if you use mm, there is no reason to remove your firearm Right.


  37. - SandyC - Thursday, Jan 23, 14 @ 7:42 am:

    Sure will Todd. Let us know if you need anything.


  38. - Hit or Miss - Thursday, Jan 23, 14 @ 8:33 am:

    Gun owners make a big distinction between ‘right’ and ‘privilege’ when they talk about guns and gun laws. The current federal law on the subject of guns and cannabis is, as I see it, about the privilege of having cannabis and not about the right to have a gun. The current law in my view is only a restriction on the privilege of using cannabis and not the right to have a gun.


Sorry, comments for this post are now closed.


* *** UPDATED x1 *** Kirk blasts Indiana law as "un-American"
* Gay marriage, concealed carry and "right to work"?
* Poll: Illinoisans not wild about fracking
* Only Exelon will Benefit
* Question of the day
* Finally, some coverage
* Is Durbin about to lose his leadership gig?
* Poll shows ten-point lead for Hopkins
* Shenanigans?
* Chicago area powering job growth
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Governor sets special election dates, but they are expected to change
* Yesterday's blog posts

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............

...............

...............

...............

...............


Search This Blog...

Search the 98th General Assembly By Bill Number
(example: HB0001)

Search the 98th General Assembly By Keyword

          
        * Mac 911: A wild Wi-Fi ride to hunt a pesky set of problems
        * The Week in iOS Accessories: Apple Watch accessories are proliferating
        * Microsoft accepting appointments for Surface 3 demos
        * Hungry Mouth HD teaches you to eat healthy food items
        * Ready Steady Mental turns Google Cardboard into a stress reliever
        * Acer Chromebase marks company’s entrance into all-in-one PC market
        * Slayin for Android is an endless RPG to test your gaming skills

        * Why Amazon’s Lazy-Button Gimmick Probably Won’t Be Its Last
        * CyanogenMod 12.1 ROM Now Available For Moto G 2014
        * Deadspin Dumber-er And Awesomer: Furious 7, Reviewed | Gawker The U.S.
        * You Might Fall Back In Love with Your Job by Escaping Your Bubble
        * Most Popular Headset with Attached Microphone: SteelSeries Siberia V2
        * Career Spotlight: What I Do as a TV News Assignment Editor
        * Max Levchin Leads Tech Industry Push for Anti-Discrimination Laws

        * 'Athletic' Sale makes progress during simulated game
        * 'Athletic' Sale makes progress during simulated game
        * Albers, Soto and Sanchez make Opening Day roster
        * Pitching a major point of emphasis for White Sox
        * Rodon reassigned to Minors after impressive spring
        * 2015 league leaders: Adam Eaton, runs
        * Abreu raises spring average to .519 with four hits in win

        ...............


        Main Menu
        Home
        Illinois
        YouTube
        Pundit rankings
        Obama
        Subscriber Content
        Durbin
        Burris
        Blagojevich Trial
        Advertising
        Updated Posts
        Polls

        Archives
        April 2015
        March 2015
        February 2015
        January 2015
        December 2014
        November 2014
        October 2014
        September 2014
        August 2014
        July 2014
        June 2014
        May 2014
        April 2014
        March 2014
        February 2014
        January 2014
        December 2013
        November 2013
        October 2013
        September 2013
        August 2013
        July 2013
        June 2013
        May 2013
        April 2013
        March 2013
        February 2013
        January 2013
        December 2012
        November 2012
        October 2012
        September 2012
        August 2012
        July 2012
        June 2012
        May 2012
        April 2012
        March 2012
        February 2012
        January 2012
        December 2011
        November 2011
        October 2011
        September 2011
        August 2011
        July 2011
        June 2011
        May 2011
        April 2011
        March 2011
        February 2011
        January 2011
        December 2010
        November 2010
        October 2010
        September 2010
        August 2010
        July 2010
        June 2010
        May 2010
        April 2010
        March 2010
        February 2010
        January 2010
        December 2009
        November 2009
        October 2009
        September 2009
        August 2009
        July 2009
        June 2009
        May 2009
        April 2009
        March 2009
        February 2009
        January 2009
        December 2008
        November 2008
        October 2008
        September 2008
        August 2008
        July 2008
        June 2008
        May 2008
        April 2008
        March 2008
        February 2008
        January 2008
        December 2007
        November 2007
        October 2007
        September 2007
        August 2007
        July 2007
        June 2007
        May 2007
        April 2007
        March 2007
        February 2007
        January 2007
        December 2006
        November 2006
        October 2006
        September 2006
        August 2006
        July 2006
        June 2006
        May 2006
        April 2006
        March 2006
        February 2006
        January 2006
        December 2005
        April 2005
        March 2005
        February 2005
        January 2005
        December 2004
        November 2004
        October 2004

        Blog*Spot Archives
        November 2005
        October 2005
        September 2005
        August 2005
        July 2005
        June 2005
        May 2005

        Syndication

        RSS Feed 2.0
        Comments RSS 2.0
        WordPress

        Loading


        * Rauner asks mayors to support 'turnaround agenda'..
        * LGBT Equality Institute ponders next LGBTQ battles..
        * Saluki Athletics, Policy Institute could hit SI.....
        * Malloy orders $13.7 million more in mid-year bu.....
        * Reeder: Are right-to-work zones the next Overto.....
        * Rauner, Kirk Voice Objections To Indiana’s Reli.....
        * Gay marriage, concealed carry and “right to work”?..
        * Finally, some coverage..
        * Illinois Rep Sente Holds Healthcare Citizen Adv.....
        * Illinois sees lack of bids in online auction of.....


        * Inmate overpowers guard, escapes from eastern Illinois jail
        * Illinois governor, GOP US senator criticize Indiana law
        * Naked woman found dead in brush near Brooklyn strip clubs
        * US gives threatened status to northern long-eared bat
        * AG seeks to suspend license of Gary funeral home director
        * Lawyers: U of Illinois broke contract with professor
        * Escaped inmate's SUV discovered in Kankakee
        * Judge to rule on free-speech question in Chicago mayor race
        * Escaped Illinois inmate beat guard into unconsciousness
        * Illinois corn acreage projected to decline in 2015

        * Struggle for Durbin's Senate leadership position may loom
        * Illinois sees lack of bids in online auction of state planes
        * Rauner schedules special election to replace Schock
        * Duckworth says Clinton must testify on Benghazi, criticizes Kirk for Iran letter
        * Q&A: What happens now that Aaron Schock is out of office?
        * State's school districts adapt to new cyberbullying law
        * Duckworth: Clinton must testify before Benghazi committee
        * Ex-deputy treasurer to fun for Duckworth's seat
        * Ex-deputy treasurer to run for Duckworth's seat
        * LIHEAP utility assistance fund for Sangamon County is empty

        * CFTC accuses Kraft, Mondelez of wheat market abuses
        * Feta fight key ingredient in ex-wife's bid to control Chobani
        * McDonald's: Workers to get pay hikes at company-owned stores
        * Suburban steel company border-jumps to Indiana
        * Harrington College of Design to close


          * Unions, progressives try to shape City Council
          * Man shot in Homan Square neighborhood
          * Girl, 15, missing from West Garfield Park neighborhood
          * Girl thought to be with escaped murderer found safe
          * Man who felt slighted stabbed sleeping Naperville couple, officials say
          * Lawyers: University of Illinois broke professor's contract
          * McDonald's raising its minimum wage
          * Preckwinkle avoids symbolic property tax vote pushed by Rauner ally
          * Ex-hospital cashier stole money collected from patients, authorities say
          * AG seeks to suspend license of Gary funeral home director after babies' bodies found


          * Rauner signs into law compromise plan to fix budget hole
          * Indiana law: Sorting fact from fiction from politics
          * More people moved away from Illinois last year than any other state
          * Indiana pastor doesn’t want changes to 'religious freedom' law
          * Flamin' Hot Cheetos top some Chicago Public School vending machines
          * What to watch for in the final mayoral debate
          * Indiana Gov. Pence signs religious objections bill
          * How organizations brace for Illinois budget cuts
          * Unions and Garcia push for $15-an-hour minimum wage
          * The Chicago rabbit: The unofficial face of wildlife is right under your nose


          * Illinois gets just 1 bid in online sale of state planes
          * Struggle for Durbin's Senate leadership position may loom
          * Our Opinion: Proctor, Higgins for Springfield's wards 5 and 7
          * Michael Gerson: The virtues of the smoke-filled room
          * Rauner schedules special election to replace Schock
          * Duckworth says Clinton must testify on Benghazi, criticizes Kirk for Iran letter
          * Q&A: What happens now that Aaron Schock is out of office?
          * State's school districts adapt to new cyberbullying law
          * Ex-deputy treasurer to fun for Duckworth's seat
          * Our Opinion: Redpath, Senor, McFarland for Springfield's wards 1, 2 and 4


          * UI student missing from Minnesota home
          * Creal Springs man sentenced six years for meth possession
          * UPDATED: Shots reported near Booker T. Washington
          * Nathaniel Childers
          * Genealogy expert to present to computer society
          * Scott County Republicans elect officers
          * PV honors physician with Wall of Honor recognition
          * Ashford University student group plans science fair
          * St. Ambrose University lecture focuses on women in Iran
          * Register for reading challenge


          * Poets, authors help Grayslake Central celebrate writing
          * New brewpub planned for former Flatlander's space in Lincolnshire
          * 4 girls combine to sell moer than $40,000 worth of Girl Scout cookies
          * West Chicago man gets 10 years for abusing girl in his care
          * No charges in Rosemont cop shooting of brother-in-law

          * Duckworth announces 2016 Senate bid in video
          * Longhi: Granite City layoffs not permanent
          * Bustos offers support for Duckworth; says ...
          * Bost launches Congressional Listening Tour
          * 2016 Senate Race Is On
          * Blog: Bost teaming up with Virginia congre...
          * US Rep. Randy Hultgren joins bipartisan gr...
          * As Illinois' Common Core Testing Begins, H...
          * Letter: Smarter than fifth-grader? - North...
          * The 17 Republicans who voted against the G...

          * Ship runs aground in Delaware River; no in......
          * Lacking faith in government, Mexican paren......
          * Cosart: 'I never have, never will bet on b......
          * Former 'Alpha House' roommates Schumer, Du......
          * Struggle for Durbin's Senate leadership po......

          * Rauner, Kirk Voice Objections To Indiana’s......
          * Iran Nuclear Negotiations Continue Past De......
          * Limited Progress On Iran Talks Unlikely To......
          * Kirk blasts Indiana...
          * Freedom from violence against women...

          * Just In! Video Of Saturday's Aldermanic Debate
          * Aurora Ald. Johnson Refuses To Resign After Arrest Record Gets Revealed
          * McDonald's To Raise Wages, Provide Paid Time Off
          * Fast Food Workers Palm Sunday 3
          * Fast Food Workers Palm Sunday 2
          * "Love Is A Four Letter Word" On Racine
          * Jesus Garcia At Chicago Housing Initiative Housing Forum
          * Report: Chicago Aldermanic Campaigns See Few Donations From Small Donors
          * More Government Consolidation and Efficiency Efforts in Illinois
          * Final Two 46th Ward Candidate Debates Televised Tonight and Friday


          * Don’t Forget Pets When Planning for Disasters - IEMA, local emergency management agencies to focus on pet preparedness throughout April
          * IDHS Prescription Monitoring program helps control prescription drugs abuse in Illinois - Program has more than 26,000 registered users
          * Gov. Rauner File Writs of Special Election
          * Governor Announces Appointments to Illinois Enterprise Zone
          * Illinois Mayors to Celebrate National Service - April 7, 2015 Designated as “Mayors Day of Recognition”




              Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller